Vol. 5 (2009)

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Josh Harrison, Do the Evolution:  The Effect of KSR v. Teleflex on Biotechnology, 5 OKLA. J.L. & TECH. 42 (2009)

"This note analyzes KSR v. Teleflex and the effects the Court's holding is likely to have on the biotech industry. Part II begins the discussion with a brief overview of biotechnology's current and anticipated impact on human life. Part III addresses the intimate relationship between biotech and patent law, exploring what is needed and why for the field to prosper. Part IV outlines the general principles of the U.S. patent law system and succinctly delineates the progression of the "non-obvious" doctrine from the Supreme Court's Graham framework to the Federal Circuit's TSM test. In so doing, particular emphasis is deservingly paid to the troubling issue of hindsight bias and to the pervasive consequences it poses to proper patent analysis. Part V provides an introduction to the case, KSR v. Teleflex, and discusses its facts, its procedural history, and the Supreme Court's ruling and rationale. Part VI examines the decision and explores its likely impact on the future of biotechnology in America. Part VII discusses procedural alternatives available to better address hindsight bias and concerns regarding patent over-issuance. Part VIII concludes this note."


Sarah C. Boyer, Can Schools Use Nanotechnology to Prevent Cell Phones from Ringing?, 5 OKLA. J.L. & TECH. 43 (2009)

"School administrators and other members of the public are thinking about utilizing jamming devices and new developments in nanotechnology to prevent cell phone signals from entering the building. However, school administrators should exercise caution before implementing some of these control mechanisms. The Federal Communications Commission (FCC) specifically regulates some of these devices, while it is unclear if nanotechnology is regulated. A battle over FCC regulations of nanotechnology is being waged between nanotechnology developers and the cell phone industry. This article will explore the application of nanotechnology to FCC regulations."


Spencer Hale, Real Property E-Conveyanges and E-Recordings:  The Solution or Cause of Mortgage Fraud, 5 OKLA. J.L. & TECH. 44 (2009)

"There is a fear that because of the increasing number of cases of identity theft and the ease with which some computer hackers can obtain sensitive information, the use of electronic recording and mortgages would open the door to an increased amount of fraud committed in the industry. This paper will discuss the foundational pieces of legislation that have promoted this electronic movement within the real property industry. It will then analyze the types of fraud that can occur in recording and mortgage transactions and the parties responsible for such fraud. After identifying the types of land fraud, there will then be a discussion as to any connections that electronic transactions have to such fraud. After determining the relationship between the electronic transactions and land fraud, this article will then analyze whether electronic transactions really improve the real property industy."


Aaron Jackson, Cyberspace...The Final Frontier:  How the Communications Decency Act Allows Entrepreneurs to Boldly Go Where No Blog Has Gone Before, 5 OKLA. J.L. & TECH. 45 (2009)

"Not long ago, the internet was a massless void – a cyberspace of untapped potential. At a time when innovators were creating the “lunar modules” of internet exploration, Congress established the Communications Decency Act (CDA) with the hope of encouraging the growth and development of this budding technology. A mere thirteen years later, we are now comfortably living in the deepest realms of cyberspace. No longer is this idea the core of our wildest dreams; it is the center of our lives. The only aspect yet unchanged are our laws, namely the CDA, which, despite its innocent beginnings, has developed into a rogue law, safeguarding the very entrepreneurs that threaten the health and prosperity of our brave, new, blogging world. It is time for a change."


Nathan K. Shrewsbury, Patentability of Living Matter Related to Biofuel Production in the U.S., 5 OKLA. J.L. & TECH. 46 (2009)

"With energy prices soaring, the development of renewable biofuels in the United States is a national priority motivated by both economic and environmental concerns, including enhancement of the domestic fuel supply, and maintenance of the rural economy. Biofuels are closely associated with living material, as opposed to long dead organic matter that is associated with fossil fuels. Given this connection, it is not surprising that intellectual property rights in living matter play an enormous role in emerging biofuel technologies. Patents of actual living organisms are important to the U.S. biofuel industry because, as this paper will demonstrate, patents give innovators in the biofuel industry the tools required to protect the intellectual property developed through vital scientific research."