Saturday, December 12, 2009

Journal Of High Technology Law Publishes Volume X, Number 1

The Journal of High Technology Law announced the "publication of Volume X, Number 1, featuring lead article, Biotechnological Innovation and Partnerships, by Richard Gold."  The information below is from

Volume X - Number 1
Cite as: J. High Tech. L.
E. Richard Gold

Professor Richard Gold describes the biopharmaceutical industries’ restructuring in terms of intellectual property (“IP”): why and when patents are acquired, how they are licensed and shared, and how they are enforced. This article was originally submitted as part of the Advanced Legal Studies symposium, “The Impact of Patent Law on the Economy – Stimulus or Impediment?” held at Suffolk University Law School on March 27, 2009. The symposium was sponsored with the Journal of High Technology Law and Suffolk University Law School’s IP Law Concentration.
Kristen C. Buteau
35 U.S.C. § 103 mandates that an invention be nonobvious to a person of ordinary skill in the art. In the chemical arts, structural similarity between the prior art and the claimed compound establishes a prima facie case of obviousness, which may be rebutted by a showing that the claimed compound produced results which were not expected at the time of the invention. Because biological activity is inherently unpredictable and evidence of unexpected results supports a finding of nonobviousness, it is likely that isotope substitution will yield similarly unpredictable biological activity and thus render the isotopic structures nonobvious.
Robert A. Penchuk
Proponents of network neutrality seek to regulate the Internet to ensure equal access by all members of society. Conversely, those who favor network diversity argue that continued Internet development in a free market economy necessitates price and service discrimination, unencumbered by stifling regulation. Penchuk describes an alternative proposal to this seemingly intractable problem – a proposal leveraging mobile Internet adoption, recently reallocated digital television (DTV) white-space, and technological advances in multi-mode and cognitive radio. Penchuk argues that the Federal Communications Commission has the mandate to implement ad-hoc mobile Internet access in a way that will ensure fair and balanced Internet access driven by competitive market forces rather than regulation.
Absolute Truth or Deus Ex Machina?: The Legal and Philosophical Ramifications of Guilt-Assessment Technology
Aaron M. Stronge
Stronge analyzes the effects of burgeoning guilt-assessment technologies with respect to our judicial system. He looks first to the historical treatment of the results obtained from lie detection devices by the courts in outlining the requirements for admission of scientific evidence that this technology has failed to meet. After establishing this foundation, Stronge opines about just how accurate these devices need to be, as well as the far-reaching ramifications, both legally and philosophically, when this standard is inevitably reached.


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