Author: Nicholas Robinson Cite: Nicholas Robinson, From Arcades to Online: Updating Copyright to Accommodate Video Game Streaming, 20 N.C. J.L. & Tech. 286 (2018), //ncjolt.org/wp-content/uploads/sites/4/2018/12/RobinsonFinal.pdf. PDF: //ncjolt.org/wp-content/uploads/sites/4/2018/12/RobinsonFinal.pdf Volume: Volume 20, Issue 2
Subject matter eligibility and functional claiming are considered separate doctrines in patent law. Conceptually, subject matter eligibility relates to the types of ideas that can be patented, whereas limits on functional claiming constrain how patentees can claim their inventions. In practice, however, patents that recite functional claims are also more likely to be invalidated for …
“It is clear that juries will necessarily differ in ‘competence,’ but it is at best incongruous to suggest that a society that sends its citizens routinely into space could never produce a jury competent to determine a case some judge might consider too ‘complex’ for people with ‘common experience’ to decide.” Author: M. Neil Browne, …
