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Articles 1 - 5 of 5
Full-Text Articles in Law
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
Publications
No abstract provided.
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
Publications
Can a federal court of appeals overrule Supreme Court precedent? Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied. This is how the Court of Appeals for the Federal Circuit has caused an important Supreme Court patent law doctrine to vanish: the reverse doctrine of equivalents, as announced by the Court in the 1898 case Westinghouse v. Boyden Power Brake Co. Hence Westinghouse represents forgotten precedent …
Total Patent Exhaustion!, Samuel F. Ernst
Total Patent Exhaustion!, Samuel F. Ernst
Publications
The exhaustion doctrine generally provides that when a patent holder sells or authorizes another party to sell a patented item, the patent rights in that item are exhausted, and the patent holder cannot pursue that product down the stream of commerce to demand royalties from each party that subsequently acquires the item. Patent holders have often sought to evade patent exhaustion by drafting licensing agreements attending or authorizing the sale of their patented products that place restrictions on the use of the patented item or otherwise provide that no patent exhaustion has occurred. In Impression Products v. Lexmark, the Supreme …
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Commentary, Improving The Quality And Consistency Of Copyright Infringement Analysis In Music, Kristelia A. García
Publications
No abstract provided.
Technological Rights Accretion, Kristelia A. García
Technological Rights Accretion, Kristelia A. García
Publications
No abstract provided.