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Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble
Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble
Marquette Intellectual Property Law Review
Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …
Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto
Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto
Marquette Intellectual Property Law Review
Controversy surrounds continuing application practice at the United States Patent & Trademark Office. Legal scholars highlight problems with continuing application practice and ways that applicants abuse the system. Patent practitioners admit that continuing application abuses exist, yet believe that establishing limits on continuing application practice would lead to an increase in appeals to the Board of Patent Appeals and Interferences. The USPTO attributes much of its continually growing backlog to the volume of continuing applications and requests for continued examinations, and published Proposed Rules to limit continuing applications. Legal scholars and the USPTO propose solutions that are too restrictive on …