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Intellectual Property Law Commons

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Full-Text Articles in Intellectual Property Law

Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena Jul 2008

Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena

Indiana Law Journal

The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …


Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer Jan 2004

Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer

Articles by Maurer Faculty

No abstract provided.


Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis Jan 2001

Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis

Articles by Maurer Faculty

This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …


On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis Jan 2000

On Courts Herding Cats: Contending With The "Written Description" Requirement (And Other Unruly Patent Disclosure Doctrines), Mark D. Janis

Articles by Maurer Faculty

No abstract provided.


Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis Jan 1992

Judge And Jury Roles In Equivalents Analysis: Commentary On Malta V. Schulmerich Carillons, Mark D. Janis

Articles by Maurer Faculty

In Malta v. Schulmerich Carillons Inc. a divided panel of the Federal Circuit affirmed a JNOV granted on a jury verdict of infringement under the doctrine of equivalents. In so doing, the panel majority confirmed the applicability of guidelines from previous cases for determining the threshold level of evidence necessary to get the equivalents issue to the jury. This paper argues that despite powerful criticism from the dissent, the common sense guidelines articulated in theMalta majority opinion are not only necessary, but are appropriate. Indeed, the paper argues that the Malta guidelines are fundamental to the equivalents analysis, and …


Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz Jan 1976

Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz

Indiana Law Journal

Symposium: Problems of the Federal Judiciary: A View from the Bench


Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich Jan 1961

Copyright Of Textile Designs -- Clarity And Confusion In The Second Circuit, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.