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Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte
Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte
Prof. Ryan T. Holte
There has been much debate about the economic harms caused by patent infringement lawsuits filed by patent holders who do not make or sell products covered by their own patents—entities pejoratively referred to as “patent trolls.” This debate has thus far been largely theoretical or based on broad industry-wide data. The purpose of this article is to present a focused empirical report that has previously been lacking—detailed information regarding the inventors themselves, the patent assertion entities (PAEs) that represent them, and the stories behind their patents. The research for this article centers on two instructive case studies: (1) MercExchange, L.L.C., …
The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte
The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte
Prof. Ryan T. Holte
In The Trespass Fallacy in Patent Law, Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an indeterminacy critique or “trespass fallacy” in two respects. Professor Mossoff’s essay, however, only briefly mentions the now paramount contemporary issue surrounding the more-focused “software patent” debate. In this short essay, I briefly discuss Professor Mossoff’s trespass fallacy analysis as it relates to “software patents” and the Supreme Court’s October 2013 Term case Alice Corp. Pty. Ltd. v. CLS Bank Int’l.
Framing The Patent Troll Debate, Michael Risch
Framing The Patent Troll Debate, Michael Risch
Michael Risch
The patent troll debate has reached a fevered pitch in the USA. This peer reviewed editorial seeks to frame the debate by pointing out the lack of clarity in defining patent trolls and their allegedly harmful actions. It then frames the debate by asking currently unanswered questions: Where do troll patents come from? What are the effects of troll assertions? Will policy changes improve the system?
Patent Contingent Fee Litigation, David Schwartz
Patent Contingent Fee Litigation, David Schwartz
David L. Schwartz
No abstract provided.
Patent Law Handbook, 2011-2012 Edition, Lawrence Sung, Jeff Schwartz
Patent Law Handbook, 2011-2012 Edition, Lawrence Sung, Jeff Schwartz
Lawrence M. Sung
Helps attorneys discern what the courts may find, while providing immediate access to current law. Also alerts attorneys to new developments in the law and how they may impact an individual practice. Easy access to information on validity; inequitable conduct; defenses and counterclaims; infringement; willful infringement; remedies; appeal; pretrial and trial issues; Patent Office proceedings; licensing; patent proceedings in other forms, including ITC proceedings and claims court. Also analyzes Federal Circuit’s approach to statutory subject matter as it relates to computer software, its decision clarifying the role of judges and juries in interpreting claims, and its holdings in other opinions.
Medical Device Patents, 2011 Edition, Lawrence Sung
Medical Device Patents, 2011 Edition, Lawrence Sung
Lawrence M. Sung
This product addresses the unique aspects of U.S. medical device patents, specifically durable medical equipment, and examines their grant and enforcement. Coverage includes information on prosecution, transfer, and litigation, including settlement. Patents for specific types of devices are addressed. The comprehensive treatment of patents in the medical specialties of orthopedics, cardiovascular disease, dentistry, ophthalmology, radiology, and surgery, among others, is a useful resource for readers, whether they seek competitive business insight or are curious about the history of medical technology development
The New Private Ordering Of Intellectual Property, Lawrence Sung
The New Private Ordering Of Intellectual Property, Lawrence Sung
Lawrence M. Sung
One consequence of the renewed U.S. Supreme Court interest in patent cases in recent years is an enhanced scrutiny on patent rights generally and, in particular, on the importance of better defining contracts to govern the patent rights among the parties. The Intellectual Property Law Program of the University of Maryland School of Law, in collaboratoin with the Business Law Program and the Journal of Business & Technology Law, convened a symposium on April 18, 2008 to consider the pertinent jurisprudence to inform prudent business practices in managing patent rights by private agreements. This Issue of the Journal includes a …
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung
Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence Sung
Lawrence M. Sung
No abstract provided.