Vol. 2 No. 1 September./October. 2009:
The Federal Circuit | Past and Present


Judge Giles S. Rich: His Life and Legacy Revisited

By James F. Davis

A decade ago, American jurisprudence lost a great judge and a great man. The Honorable Giles Rich was 95 when he passed away. He had started practicing law in 1929 and he was appointed to the former Court of Customs and Patent Appeals in 1956. His work over the ensuing 43 years on the bench shaped the legal framework for the technology revolution that began in his century and continues to build momentum in ours.

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The following articles from
Vol.2 No.1 September./October. 2009
are available to Section members.
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Fair or Foul? The Unanswered Fair Use Implications of the Google Library Project
By Adam W. Sikich

The proposed Google Book Settlement is arguably one of the hottest copyright topics of 2009. Critics of the settlement argue that, after years of legal wrangling over unauthorized digitization, indexing, and display of portions of copyrighted books, it lets the company skirt the 800-pound gorilla: the question of whether Google’s actions were fair use. The author of this article proposes an answer. read more...

The Crusade for Follow-On Biologics: The Next Wave of Pharmaceutical Patent Litigation?
By Laura A. Coruzzi, Jonathan A. Muenkel, and Lynda Q. Nguyen

With health care reform on the minds of many, Congress is working hard to enact legislation aimed at decreasing medical costs. Generic biopharmaceuticals, or “follow-on biologics,” may help reduce those costs and are clearly the wave of the future. They may also create a flood of new pharmaceutical patent litigation, and they are increasingly likely to affect the U.S. patent litigation landscape for years to come. read more...

Complex Patent Suits: The Use of Special Masters for Claim Construction
By Neil A. Smith

Just as a medical specialist can more quickly and accurately diagnose a complex medical problem than a general practitioner, so too can a special master help construe complex patent claims more quickly and accurately than a generalist district court judge. The cost of a special master may be money well spent. read more...

The Rise of the Result-Effective Variable
By Moshe K. Wilensky

One development in patent prosecution since KSR has been the increasingly notable use by examiners of the result-effective variable doctrine in rejections. What is a result-effective variable, and why is it being used more regularly in rejections? Which arguments can overcome rejections of this type? What is the likely future of this doctrine? This article examines the issues. read more...

Data Protection in Canada
By Michal J. Niemkiewicz

In 2006, Canada enacted a new data protection regime that, for the first time, created effective data exclusivity periods for new pharmaceuticals. This article discusses Canada’s obligations under NAFTA and TRIPS, the history of data protection in Canada, the current Canadian data protection system as compared with that of the United States, and the pending challenges to the validity of the new regime. read more...

Reflections on Our First Year
By Lisa A. Dunner

Profiles in IP Law
An Interview with Chief Circuit Judge Paul R. Michel
By Pamela Banner Krupka

Section Focus
By Donald R. Dunner

Meeting of the Minds:
By Jo-Na Williams

Recent Developments in IP Law
By John C. Gatz

From the Hill
by Hayden W. Gregrory

Perspective
By Don W. Martens

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