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Full-Text Articles in Intellectual Property Law
Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte
Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte
Prof. Ryan T. Holte
There has been much debate about the economic harms caused by patent infringement lawsuits filed by patent holders who do not make or sell products covered by their own patents—entities pejoratively referred to as “patent trolls.” This debate has thus far been largely theoretical or based on broad industry-wide data. The purpose of this article is to present a focused empirical report that has previously been lacking—detailed information regarding the inventors themselves, the patent assertion entities (PAEs) that represent them, and the stories behind their patents. The research for this article centers on two instructive case studies: (1) MercExchange, L.L.C., …
The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte
The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte
Prof. Ryan T. Holte
In The Trespass Fallacy in Patent Law, Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an indeterminacy critique or “trespass fallacy” in two respects. Professor Mossoff’s essay, however, only briefly mentions the now paramount contemporary issue surrounding the more-focused “software patent” debate. In this short essay, I briefly discuss Professor Mossoff’s trespass fallacy analysis as it relates to “software patents” and the Supreme Court’s October 2013 Term case Alice Corp. Pty. Ltd. v. CLS Bank Int’l.
Increased Market Power As A New Secondary Consideration In Patent Law, Andrew Blair-Stanek
Increased Market Power As A New Secondary Consideration In Patent Law, Andrew Blair-Stanek
Andrew Blair-Stanek
Courts have developed nine non-technical secondary considerations to help juries and judges in patent litigation decide whether a patent meets the crucial statutory requirement of being non-obvious. This article proposes a new, tenth secondary consideration: increased market power. If a patent measurably increases its holders’ market power, that should weigh in favor of finding the patent non-obvious. This new secondary consideration incorporates the predictive benefits of several existing secondary considerations, while increasing the accuracy and availability of evidence for fact-finders to determine whether a patent is non-obvious.
Profits As Commercial Success, Andrew Blair-Stanek
Profits As Commercial Success, Andrew Blair-Stanek
Andrew Blair-Stanek
Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof of the patent’s validity. Relying on misguided economic reasoning, most courts use revenue as the primary yardstick for commercial success. This Note argues that courts instead should use profits as the proper measure of an invention’s commercial success. Current jurisprudence’s use of revenue reflects the flawed premise that firms maximize revenues rather than maximizing profits. As a result, courts will often find commercial success when the financial data suggest otherwise and vice versa. This Note finds the accounting and economic issues involved to be insubstantial, …
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
A Non-Obvious Design - Reexamining The Origins Of The Design Patent Standard, Jason Du Mont
Jason John Du Mont
No abstract provided.
Trademarking Nanotechnology: Nano-Lies & Federal Trademark Registration, Jason Du Mont
Trademarking Nanotechnology: Nano-Lies & Federal Trademark Registration, Jason Du Mont
Jason John Du Mont
No abstract provided.