Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abstraction (1)
- Administrative Office of the United States Courts (1)
- Bias (1)
- Computers (1)
- Copyright infringement (1)
-
- Copyright law (1)
- Copyright protection (1)
- Court of Appeals (1)
- Damage (1)
- Damage award (1)
- Databases (1)
- Decisions (1)
- Declaratory judgement action (1)
- Empirical research (1)
- Federal Circuit (1)
- Hand (Learned) (1)
- Infringement (1)
- Interpretation (1)
- Judges (1)
- Juror adjudication (1)
- Jury trial (1)
- Klein (Benjamin) (1)
- Patent claims (1)
- Patentee (1)
- Priest (George L.) (1)
- Selection Effect Theory (1)
- Software (1)
- Teaching (1)
- Validity (1)
Articles 1 - 3 of 3
Full-Text Articles in Judges
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Michigan Law Review
This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.