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Articles 1 - 15 of 15
Full-Text Articles in Intellectual Property Law
A Federal Information Quality Act Challenge To The White House “Patent Troll” Report, Ron D. Katznelson
A Federal Information Quality Act Challenge To The White House “Patent Troll” Report, Ron D. Katznelson
Ron D. Katznelson
Government-disseminated information is unlike that of private parties or non-government entities’ information on the internet or in academic journals, with varying degrees of accuracy and reliability. Because the public disproportionately relies on information disseminated by the government, the government holds itself to substantially higher quality standards. Congress enacted the Information Quality Act (“IQA”) in order to ensure that information disseminated by government agencies meet the standards of “quality, objectivity, utility, and integrity.” 44 U.S.C. § 3516, note. Information disseminated by the government upon which the government and the public rely must be “presented in an accurate, clear, complete, and unbiased …
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
A Century Of Patent Litigation In Perspective, Ron D. Katznelson
Ron D. Katznelson
When comparing patent litigation rates or “rarity” across decades, one must take into account the proportion to the actual scale of commercial activities that give rise to patent disputes. Such normalizing scales are preferably national metrics of commercial activity such as (a) the number of patents issued in the year, (b) the total number of patents in force over which disputes may arise, (c) the total number of Federal civil suits, or (d) the economic scale of the Gross National Product (GDP) in real dollars. This paper marshals for the first time information on all patent litigation in Federal district …
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells
Ron D. Katznelson
The prevailing historical accounts of the formation of the U.S. aircraft “patent pool” in 1917 assume the U.S. Government necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be inconsistent with the historical facts. We show that despite the existence of basic aircraft patents, aircraft manufacturers faced no patent barriers in the market dominated by Government demand. We show that the notion of the aircraft patent hold-up is a myth created by Government officials and used to persuade Congress to authorize eminent domain condemnation of basic aircraft patents. Government officials used the threat …
The Mandatory Stay Provision Of The 2013 Joint House-Senate Patent Bill, Ron D. Katznelson
The Mandatory Stay Provision Of The 2013 Joint House-Senate Patent Bill, Ron D. Katznelson
Ron D. Katznelson
The author discusses patent legislation proposed in the 113th Congress that, if enacted, would mandate a stay of some cases, stripping district court judges of their independence and discretion in handling patent infringement cases. The author explains that the proposed provisions would also undo the prohibitions against instituting certain administrative post grant proceedings at the U.S. Patent and Trademark Office during a parallel court proceeding challenging patent validity, promote de-facto the lowest damages “apportionment” scheme, and perversely and illogically insert plaintiffs into unresolvable situations involving a combination of direct and indirect infringing parties, thereby denying relief to patentees.
Surviving The America Invents Act’S Overhaul Of U.S. Patent Law - Startup And Small Business Perspectives, Ron D. Katznelson
Surviving The America Invents Act’S Overhaul Of U.S. Patent Law - Startup And Small Business Perspectives, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
The U.S. Patent Office’S Proposed Fees Under The America Invents Act—Part I: The Scope Of The Office’S Fee-Setting Authority, Ron D. Katznelson
Ron D. Katznelson
This two-part article discusses the Patent and Trademark Office’s recent proposed rulemaking setting new patent user fees. In Part I the author argues that the PTO can raise fees in accordance with its aggregate costs but lacks authority to set national patent policies, or to skew certain fees to discourage or encourage a particular service. The author also asserts that the America Invents Act does not vest with the PTO discretion to set the level of its operating reserve – a determination reserved solely for congressional appropriations. In an upcoming Part II, the author will discuss specific fees and their …
The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson
The America Invents Act May Be Constitutionally Infirm If It Repeals The Bar Against Patenting After Secret Commercial Use, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
A Critique Of Mark Lemley’S “The Myth Of The Sole Inventor”, John Howells, Ron D. Katznelson
A Critique Of Mark Lemley’S “The Myth Of The Sole Inventor”, John Howells, Ron D. Katznelson
Ron D. Katznelson
In a forthcoming article in the Michigan Law Review, Professor Mark Lemley advances a thesis that “the canonical story of the lone genius inventor is largely a myth” and describes a selection of pioneer inventions to support his thesis. We show that Lemley has many of his facts wrong. We examine his assertions and set the record straight in the pioneer invention cases of Edison, the Wright brothers, the Selden automobile patent vis a vis Ford, Watt and the steam engine and Fleming and penicillin. We are concerned with the errors in alleged historical and legal facts in what Lemley …
Patent Reform 2010 - Selected Topics, Ron D. Katznelson
Patent Reform 2010 - Selected Topics, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Comments Submitted To The Us Patent Office On Enhancing The Quality Of Examination, Ron D. Katznelson
Comments Submitted To The Us Patent Office On Enhancing The Quality Of Examination, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patent Examination Policy And The Social Costs Of Examiner Allowance And Rejection Errors, Ron D. Katznelson
Patent Examination Policy And The Social Costs Of Examiner Allowance And Rejection Errors, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
My 2010 Wishes For The U.S. Patent Examiner, Ron D. Katznelson
My 2010 Wishes For The U.S. Patent Examiner, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Patent Reforms Must Focus On The U.S. Patent Office, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Comments Submitted To The Us Patent Office On Deferred Examination For Patent Applications, Ron D. Katznelson
Comments Submitted To The Us Patent Office On Deferred Examination For Patent Applications, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patenting Strategies Under A Proposed First-To-File Patent System, Ron D. Katznelson
Patenting Strategies Under A Proposed First-To-File Patent System, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.