Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (26)
- Constitutional Law (24)
- Labor and Employment Law (19)
- Business (18)
- Labor Relations (18)
-
- Public Affairs, Public Policy and Public Administration (18)
- Public Policy (15)
- International Law (12)
- Courts (11)
- Family Law (11)
- Civil Rights and Discrimination (10)
- Legislation (9)
- Criminal Law (8)
- Human Rights Law (8)
- Law and Society (7)
- Military, War, and Peace (7)
- Health Law and Policy (6)
- Intellectual Property Law (6)
- Legal Education (6)
- Administrative Law (5)
- Business Organizations Law (5)
- Environmental Law (5)
- National Security Law (5)
- Sociology (5)
- Gender and Sexuality (4)
- Judges (4)
- Jurisprudence (4)
- Property Law and Real Estate (4)
- Antitrust and Trade Regulation (3)
- Keyword
-
- Workplace flexibility (19)
- Flexible work arrangements (18)
- Judicial review (8)
- FMLA (7)
- Supreme Court (6)
-
- Copyright (4)
- Data (4)
- Law – philosophy (4)
- Legislation (4)
- Short term time off (4)
- Civil rights (3)
- Constitution – Interpretation and construction (3)
- Constitutional law (3)
- Eminent domain (3)
- Environmental protection (3)
- Human rights (3)
- Intellectual property (3)
- Judicial review – United States (3)
- Jurisprudence (3)
- Land use – law and legislation (3)
- Medical leave (3)
- Separation of powers (3)
- Torture (3)
- Administration of criminal justice (2)
- Antitrust law (2)
- Congress (2)
- Corporations (2)
- Deportation (2)
- Digital media (2)
- Eligibility (2)
Articles 121 - 121 of 121
Full-Text Articles in Law
Claim Re-Construction: The Doctrine Of Equivalents In The Post-Markman Era, John R. Thomas
Claim Re-Construction: The Doctrine Of Equivalents In The Post-Markman Era, John R. Thomas
Georgetown Law Faculty Publications and Other Works
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of patent claims in equivalents cases, and it has come to emphasize precision and accuracy in claim drafting. This Article argues that recent judicial emphasis on the public notice function of patent claims is an inappropriate innovation policy. The demand for highly refined patent claims increases patent acquisition expenditures that are unlikely to increase social welfare, cause patent rights to be distributed unevenly, and are inconsistent with the structural features of the patent system. This Article presents two mechanisms to accommodate the doctrine of equivalents …