Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 15 of 15
Full-Text Articles in Law
Nonexcludable Surgical Method Patents, Jonas Anderson
Nonexcludable Surgical Method Patents, Jonas Anderson
William & Mary Law Review
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
The traditional answer …
Pleading Patent Infringement: Res Ipsa Loquitur As A Guide, Andrew L. Milam
Pleading Patent Infringement: Res Ipsa Loquitur As A Guide, Andrew L. Milam
William & Mary Law Review
No abstract provided.
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock
Why Manufacturing Matters: 3d Printing, Computer-Aided Designs, And The Rise Of End-User Patent Infringement, Sklyer R. Peacock
William & Mary Law Review
No abstract provided.
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
Embedded Federal Questions, Exclusive Jurisdiction, And Patent-Based Malpractice Claims, Christopher G. Wilson
William & Mary Law Review
No abstract provided.
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
William & Mary Law Review
This Essay identifies a new boundary in patent law-illegal or immoral invention creation activity-and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.
Rules And Standards On The Forefront Of Patentability, John F. Duffy
Rules And Standards On The Forefront Of Patentability, John F. Duffy
William & Mary Law Review
No abstract provided.
Patent Examination Priorities, Michael J. Meurer
Patent Examination Priorities, Michael J. Meurer
William & Mary Law Review
No abstract provided.
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
Harmonizing The Exclusionary Rights Of Patents With Compulsory Licensing, Troy L. Gwartney
William & Mary Law Review
No abstract provided.
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley
William & Mary Law Review
No abstract provided.
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien
William & Mary Law Review
The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law. Based on an …
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook
William & Mary Law Review
Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
William & Mary Law Review
Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent cases, the Court of Appeals for the Federal Circuit and several district courts have upheld field-of-use licenses that prohibited activities that would otherwise have been permitted by patent law, such as the repair and resale of patented products. By treating any violation of a license agreement as patent infringement, and by upholding license provisions that …
Secondary Liability For Actively Inducing Patent Infringement: Which Intentions Pave The Road? , Tal Kedem
Secondary Liability For Actively Inducing Patent Infringement: Which Intentions Pave The Road? , Tal Kedem
William & Mary Law Review
No abstract provided.
Nonobviousness In Patent Law: A Question Of Law Or Fact?
Nonobviousness In Patent Law: A Question Of Law Or Fact?
William & Mary Law Review
No abstract provided.
Accomodation Of Federal Patents And The State Interest In Trade Secrets
Accomodation Of Federal Patents And The State Interest In Trade Secrets
William & Mary Law Review
No abstract provided.