We are a day late on the February report of New Academic Research.
- Santa Clara’s Computer and High Tech Law Journal has an excellent new article on by Christopher Holman proposing the use of the Protein Similarity Score for determining genuses of related protein sequences. Holman argues that the similarity score represents a more rational and scientifically based approach to claiming a genus of related proteins compared to the current practice based on percent identity. 21 Santa Clara Computer & High Tech. L.J. 55 (Download Article.pdf). Thanks to Trevor Dutcher, the Journal’s Editor for providing a copy of the article.
- Professor Katherine Strandburg has written an important article regarding the experimental use exception to patent infringement. Her article, What Does The Public Get? Experimental Use And The Patent Bargain, is published at 2004 Wisconsin Law Review 82, and also available at SSRN. Her article, that builds from principles of patent law, is cited in at least one of the briefs in the Merck v. Integra case, and may help shape the Supreme Court’s decision.
- Professor Eileen Kane’s article on the patentability of Genes and DNA will become more important if the Supreme Court decides to take up the case of LabCorp v. Metabolite — a case that may redefine concepts of patentable subject matter. Kane argues that the genetic code "can be characterized as a law of nature." If so, the legitimacy of genes as patentable subject matter is severely questioned. Available at SSRN, 71 Tennessee Law Review 707.
- David Almeling is now a clerk at the 11th Circuit. His recent article in the Stanford Technology Law Review discusses utility requirement issues of nanotechnology inventions. Specifically, Almeling argues that nanotech should be measured under the same utility requirements as all other inventions. The article, Patenting Nanotechnology: Problems with the Utility Requirement is available here: http://stlr.stanford.edu/STLR/Articles/04_STLR_N1/contents_f.htm.
Each month I post a note discussing the academic side of patent law. My on-line sources for material are the SSRN electronic library, a few hard copy journals, and several more that are freely available on-line. Most of my material, however, comes from articles directly e-mailed to me from professors and law review editors. Please feel free to e-mail articles for the March edition. (Include information on where the article is being published). — DDC