Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
Echoes Of Scientific Truth In The Halls Of Justice: The Standards Of Review Applied By The United States Court Of Appeals For The Federal Circuit In Patent-Related Matters, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
1995 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit, Lawrence M. Sung
Lawrence M. Sung
No abstract provided.
Toward A Distributive Commons In Patent Law, Peter Lee
Toward A Distributive Commons In Patent Law, Peter Lee
Peter Lee
While patents provide incentives to invent and develop new inventions, they can constrain access to vital health technologies such as medicines, diagnostics, and nutritional innovations. These access constraints can severely compromise human health, particularly for low-income populations, and have elicited severe criticism. Against this seemingly intractable background, this Article explores methods for integrating distributive values in the patent system while remaining sensitive to property rights and private ordering. Rather than look inward to existing patent doctrine, this Article finds solutions in the political economy of life sciences research. In particular, this Article argues that public institutions, which contribute enormous amounts …
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
Brian J. Love
This Article studies the Federal Circuit’s use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit’s professed rationale for doing so. Next, I demonstrate that this practice makes little …