Archive for April 2009

Impact of Student-Written Work

leave a comment

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.

Written by

April 16th, 2009 at 10:34 am

Posted in Cases,MTTLR Journal

MTTLR Volume 15, Issue 1 Is Now Available

one comment

MTTLR is pleased to announce the availability of its new issue, Volume 15, Issue 1. Here are the highlights:

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.

Written by

April 4th, 2009 at 9:53 am

Search the Blog