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Intellectual Property Law Commons

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Marquette Intellectual Property Law Review

Journal

Patent Infringement

Articles 1 - 8 of 8

Full-Text Articles in Intellectual Property Law

Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott Jul 2010

Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott

Marquette Intellectual Property Law Review

Marquette Law alum and partner with Alston+Bird, LLP, offers insights into patent litigation. In his speech, given March 5, 2010, McDermott examines how patent law developments such as Markman v. Westview Instruments, Cybor Corp. v. FAS Technologies, Inc., and In re Seagate have impacted the practice of patent infringement litigation.


What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar Jan 2009

What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar

Marquette Intellectual Property Law Review

Of the approximate 1.5 million American Indians living in the United States only 403,714 were employed in 2001 and nearly one-third of them lived below the poverty line. This article explains that one possible solution to American Indian poverty is the creation of sovereign chartered research groups that would be shielded by tribal sovereign immunity. In patent law there are exceptions to a patent owner's ability to bring a successful suit against patent infringers. One of these exceptions is when a sovereign, such as an American Indian tribe, infringes on a patent owner's patent. Tribal sovereign immunity means that American …


Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz Jul 2008

Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz

Marquette Intellectual Property Law Review

For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. This article explains that as American courts move toward a more holistic approach to claim interpretation, the doctrine of equivalents will become increasingly unnecessary as a means of expanding patent scope. The author asserts that adopting a "person having ordinary skill in the art" approach to claim interpretation and eliminating the doctrine of equivalents in patent infringement cases would benefit patent law in several ways: (1) when courts interpret patent claims from the perspective of a person reasonably skilled in the art, patentees …


The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch Jul 2008

The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch

Marquette Intellectual Property Law Review

The experimental use exception was originally conceived as a defense applicable when the infringing activities were philosophical. Over time the exception has evolved into a test of the profit motives of the infringer. Despite their status as non-profits, universities now find themselves under the same narrow interpretation of the experimental use exception as previously applied only to profit-seeking businesses. This article explains that the experimental use exception is still a viable defense to patent infringement for a student-sponsored capstone senior design project. In a student-sponsored capstone senior design project, the impetus and general direction of the project are provided almost …


In Re Seagate: Did It Really Fix The Waiver Issue? A Short Review And Analysis Of Waiver Resulting From The Use Of A Counsel's Opinion Letter As A Defense To Willful Infringement, Dov Greenbaum Jan 2008

In Re Seagate: Did It Really Fix The Waiver Issue? A Short Review And Analysis Of Waiver Resulting From The Use Of A Counsel's Opinion Letter As A Defense To Willful Infringement, Dov Greenbaum

Marquette Intellectual Property Law Review

The Federal Circuit, through its decision in Seagate, sought to clarify and definitively establish various consequences of an assertion of willful infringement by a patentee. This comment discusses the history and potential outcomes of the Seagate decision; first, by outlining basic issues of privilege and immunity and examining the history of uncertainty regarding waiver leading up to the Seagate decision. The remainder of the comment examines the potential outcomes of the decision, and presents possible resolutions to further resolve the issue and more fully repair attorney-client privilege and immunity.


Breaking The Law To Break Into The Black: Patent Infringement As A Business Strategy , Eric C. Wrzesinski Jan 2007

Breaking The Law To Break Into The Black: Patent Infringement As A Business Strategy , Eric C. Wrzesinski

Marquette Intellectual Property Law Review

Corporations and businesses make important decisions everyday that affect their financial viability and market image. This article analyzes the phenomenon of patent infringement, considering whether firms consciously decide to infringe certain patents as a sound business strategy, or whether such cases arise spontaneously due to incomplete and careless research of prior art by infringing firms. The author considers the extent to which patent infringement may remain an effective business strategy for technology-producing firms, even when not employed willfully, due to the inadequate deterrence function of current U.S. patent laws.


Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec Jul 2004

Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec

Marquette Intellectual Property Law Review

This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …


The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger Jan 1999

The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger

Marquette Intellectual Property Law Review

Under the holding of Warner-Jenkinson Co. v. Hilton-Davis Chemical Co., a court will not limit an inventor to the sole remedy of literal infringement. The inventor may also rely on the "doctrine of equivalents," which permits finding of infringement if there is equivalence between the elements of the accused product and the claimed elements of the patented invention. With this backdrop, Mr. Kryger analyzes the courts' struggle in developing a bright-line rule to protect patentees from piracy and fraud on their patents. Mr. Kryger first chronicles the evolution of the doctrine of equivalents through caselaw, particularly Graver Tank v. Linde …