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An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat
An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat
Faculty Scholarship
This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Discrimination Law: The New Franken-Tort, Sandra F. Sperino
Faculty Articles and Other Publications
This article was part of the Clifford Symposium in Tort Law. The article discusses how the Supreme Court has used tort law to define certain elements of discrimination law, but has not described all of the elements of this new tort. The article is the first one to try to piece together the new "tort" created by the Supreme Court.