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Intellectual Property Law

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William & Mary Law Review

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Patent Infringement

Articles 1 - 15 of 15

Full-Text Articles in Law

Nonexcludable Surgical Method Patents, Jonas Anderson Feb 2020

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 Oct 2017

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 May 2014

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 Dec 2009

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 Nov 2009

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 Nov 2009

Rules And Standards On The Forefront Of Patentability, John F. Duffy

William & Mary Law Review

No abstract provided.


Patent Examination Priorities, Michael J. Meurer Nov 2009

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 Mar 2009

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 Dec 2008

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 Oct 2008

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 May 2008

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 Oct 2007

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 Mar 2007

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? Mar 1977

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 Oct 1974

Accomodation Of Federal Patents And The State Interest In Trade Secrets

William & Mary Law Review

No abstract provided.