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Full-Text Articles in Law
The Investment Climate, Competition Policy, And Economic Development In Latin America, R. Shyam Khemani, Ana Carrasco-Martin
The Investment Climate, Competition Policy, And Economic Development In Latin America, R. Shyam Khemani, Ana Carrasco-Martin
Chicago-Kent Law Review
The merits of fostering effective competition in the economy to encourage economic efficiency, consumer welfare, productivity, innovation, and attract investment have been increasingly and widely recognized by governments around the world. Relative to other regions, developing countries in Latin America have been at the forefront in adopting pro-competition measures such as deregulating industries, liberalizing trade and investment, and enacting competition (antitrust or antimonopoly) laws. However, the quality of the investment climate that determines the risks and transaction costs associated with investing and operating a business, as well as the implementation of competition law and policy, tend to vary widely across …
Licensee Beware: The Seventh Circuit Holds That A Patent License By Any Other Name Is Not The Same, Cameron R. Sneddon
Licensee Beware: The Seventh Circuit Holds That A Patent License By Any Other Name Is Not The Same, Cameron R. Sneddon
Seventh Circuit Review
In a case of first impression, the Seventh Circuit incorrectly held that a settlement agreement for patent infringement may never be considered a license. In Waterloo Furniture Components Ltd. v. Haworth, Inc., the court mischaracterizes the nature of license agreements and their relationship to the rights of patent holders. It does so by drawing a potential false dichotomy between settlements and licensing agreements. In this holding, the court misunderstands the purpose of a license agreement, its legal effects, and its dual prospective and retrospective qualities as recognized by the Federal Circuit and other appellate courts.
Reconsidering In Re Technology Licensing Corporation And The Right To Jury Trial In Patent Invalidity Suits, Andrew W. Bateman
Reconsidering In Re Technology Licensing Corporation And The Right To Jury Trial In Patent Invalidity Suits, Andrew W. Bateman
Chicago-Kent Law Review
Over the past decade, the Federal Circuit and the Supreme Court have lessened the role of the jury in patent cases, both by classifying patent issues as questions of law for the judge, and by limiting the situations in which jury trial is available as of right. Recently, In re Technology Licensing Corporation, the Federal Circuit held that there is no right to a jury trial in a declaratory judgment action seeking a declaration of patent invalidity, where the defendant counterclaims with alleged infringement and seeks an injunction as the sole remedy. In line with Supreme Court precedent, the …