How Are Patent Cases Resolved? An Empirical Examination of the Adjudication and Settlement of Patent Disputes

Gwendolyn G. Ball and Jay P. Kesan
From an institutional perspective, the patent system is a two-stage bargain. At the first stage, the U.S. Patent and Trademark Office (PTO) grants patent rights to inventors after conducting an examination of the prior art and of the patent application to determine whether the requirements for patentability are met. At the next stage, in order to enforce their issued patent rights, patentees have to resort to the federal courts with…

Language, Deals, and Standards: The Future of XML Contracts

Lawrence A. Cunningham
eXtensible Markup Language (XML) structures information in documentary systems ranging from financial reports to medical records and business contracts. XML standards for specific applications are developed spontaneously by self-appointed technologists or entrepreneurs. XML’s social and economic stakes are considerable, especially when developed for the private law of contracts. XML can not only can reduce transaction costs but also limit the range of contractual expression and redefine the nature of law…

Fielding a Team for the Fans: The Societal Consequences and Title VII Implications of Race-Considered Roster Construction in Professional Sport

Part I examines Title VII, its history, and the prospect of its application in the race-considered roster construction context. Part II engages the phenomenon of race-considered roster construction and explores its persistence in the post-civil rights era, primarily through historical examination of Major League Baseball’s Boston Red Sox and the National Basketball Association’s Boston Celtics, two professional sports organizations for years associated with racially imbalanced rosters. This part also explores…

The Legality of Hatch-Waxman Pharmaceutical Settlements: Is the Terazosin Test the Proper Prescription?

Joel Graham