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Intellectual Property Law

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Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine Apr 2008

Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine

American University Law Review

In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …


The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli Jan 2007

The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli

American University Law Review

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …