Law Commons^™

Patent Law: An Open-Source Casebook (Chapter 8: Defenses), Dmitry Karshtedt, Mark D. Janis, Ted M. Sichelman

GW Law Faculty Publications & Other Works

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This chapter of the casebook covers defenses to infringement, including inequitable conduct, patent exhaustion, patent misuse, laches, equitable estoppel, experimental use, and spoliation of evidence.

Cases And Materials On Patent Law, Martin J. Adelman, Randall R. Rader, John R. Thomas

GW Law Faculty Publications & Other Works

This casebook provides a thorough overview of the fundamentals of U.S. patent law. The book is organized in fourteen chapters. The casebook starts with the current statute in Title 35 of the United States Code. It then considers the requirement of “usefulness” necessary to receive patent protection. The book proceeds to explain the requirement of “novelty” as well as the “nonobviousness standard.” The book also examines the various roles of the United States Patent and Trademark Office (“USPTO”), as well as the basics of the patent acquisition process.

After its discussion of the USPTO, the book provides an overview of …

Patent Law In A Nutshell, Martin J. Adelman, Randall R. Rader, Gordon P. Klancnik

GW Law Faculty Publications & Other Works

This book provides a concise description of the fundamentals of U.S. patent law. The book is organized in sixteen chapters, covering topics such as the foundations of patent law, patent acquisition, anticipation, patent eligibility, patent claims, construction, and remedies. The book discusses the key statutes, rules, and cases that have shaped present-day patent law doctrine.

A Unified Economic Theory Of Noninfringement Opinions, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

In the wake of the Federal Circuit’s ruling in Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., this Article seeks to develop an economic theory of the functions that enhanced damages may serve in patent law specifically or litigation more generally as well as to explain the role that noninfringement opinions – opinions of counsel that conclude that activity will be noninfringing – could have within the context of such a theory. I consider the benefits and costs of a patent regime that generally provides enhanced damages but provides a safe harbor for potential infringers who acted only after receiving …

Speeding Up The Crawl To The Top, Michael B. Abramowicz

GW Law Faculty Publications & Other Works

The literature on competition in corporate law has debated whether competition is a "race to the bottom" or a "race to the top.” This Article endorses the increasing scholarly consensus that competition improves corporate law but argues that the pace of innovation in corporate law is likely to be slow. Because benefits of corporate law innovation are not internalized, neither states nor firms will have sufficient incentives to innovate. That competitive federalism is “to the top" suggests that the model could be applied beyond the corporate charter context, for example to areas such as bankruptcy, but that benefits from such …