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Full-Text Articles in Intellectual Property Law

The Mandatory Stay Provision Of The 2013 Joint House-Senate Patent Bill, Ron D. Katznelson Aug 2013

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 Feb 2013

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.