Emory Law Journal

Volume 61Issue 5

Territoriality and Tangibility After Transocean

Timothy R. Holbrook | 61 Emory L.J. 1087 (2012)

Patent law is generally considered the most territorial form of intellectual property. The extension of infringement to include "offers to sell" inventions opened the door to potential extraterritorial expansion of U.S. patent law. In Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., the U.S. Court of Appeals for the Federal Circuit walked through the door by concluding (1) that the location of the ultimate sale, not the location of the offer, determines whether patent infringement occurred and (2) that there can be infringement by selling or offering to sell an invention based solely on diagrams and schematics.

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The Paradox of Political Power: Post-Racialism, Equal Protection, and Democracy

William M. Carter, Jr. | 61 Emory L.J. 1123 (2012)

Racial minorities have enjoyed increasing electoral success in recent years, while continuing to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Some observers, including some members of the Supreme Court, have pointed to evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of substantial continued disparities for the vast majority of people of color.

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