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Full-Text Articles in Law
Revisiting Belligerent Reprisals In The Age Of Cyber?
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Joutsing At Windmills: Cervantes And The Quixotic Fight For Authorial Control, H. Parkman Biggs
Marquette Intellectual Property Law Review
Achieving the appropriate balance between the right of first authors to control the later use of their work and freedom for follow-on authors to further develop from that text has long been challenging. Currently, under United States law in particular, fair use stands as a nebulous to buffer between the two creative camps, granting a significantly limited right to the second author to work from the first authors’ text. While that tension excites its own debate, a less considered aspect of this tension involves the degree to which the first author might be creatively and productively affected by the follow-on …
Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran
Marquette Intellectual Property Law Review
35 U.S.C. § 284 of the Patent Act allows district courts to use their discretion to award enhanced damages up to three times the amount found or assessed in the case of patent infringement. This Comment will consider how the Supreme court of the United States’ holding in Halo Electronics, Inc. v. Pulse electronics, Inc. changed the landscape of enhanced damages awards in light of willful infringement.
First, this Comment will examine the Federal Circuit’s approach that now embraces both an objective and subjective inquiry in determining enhanced damages, which may resolve the concern over the rigidity in the Seagate …