MTTLR, like many journals, publishes content written by both students and scholars. Though articles written by scholars (professors, practitioners, judges, etc.) are generally considered more significant, student-written content has had a noticeable impact and has even been cited by courts. For example, the Federal Circuit recently rejected a claim that a method of hedging risk in the field of commodities trading was not patentable and that the machine-or-transformation test was applicable. The Court cited a MTTLR student note by Nicholas A. Smith, Business Method Patents and Their Limits: Justifications, History, and the Emergence of A Claim Construction Jurisprudence. In re Bilski, 545 F.3d 943, 1004 n.8 (Fed. Cir. 2008). A California Court deciding a case about jurisdiction for an internet-based interstate case cited a student-written comment by Matthew Fagin, Regulating Speech Across Borders: Technology vs. Values. Hageseth v. Superior Court, 150 Cal. App. 4th 1399, 1423 (Cal. App. 1st Dist. 2007). Of course, non-student work certainly has an impact too. For example, A federal district court granting summary judgment for Microsoft on a patent claim cited an article by Martin Campbell-Kelly, Not All Bad: An Historical Perspective on Software Patents. Uniloc USA, Inc. v. Microsoft Corp., 2007 U.S. Dist. LEXIS 97491, *3 (D.R.I. Oct. 19, 2007). The use of student-written work by courts demonstrates the continued importance of publishing such works.
Archive for April 2009
MTTLR is pleased to announce the availability of its new issue, Volume 15, Issue 1. Here are the highlights:
- J. Jonas Anderson writes on the temporary presence exception and patent infringement avoidance [PDF].
- Leah Chan Grinvald writes on Chinese Trademark Law [PDF].
- Nancy J. King writes on consumer privacy and mobile commerce issues relating to RFID-equipped mobile phones [PDF].
- Lee Petherbridge writes on the “Claim Construction Effect,” [PDF] conducting a statistical inquiry on the effect of the Federal Circuit’s claim construction jurisprudence.
- Plus notes from Amy Duvall on Webcasting Royalties [PDF], Matthew Gordon on Post-Approval Risk Surveilance for Drugs [PDF], and Tatiana Melnik on contract formation on the web [PDF].
The MTTLR Blog is also looking forward to hosting an entry or two from Lee Petherbridge, who will write about his research in the upcoming weeks.