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Full-Text Articles in Law
3d Printing: Digital Infringement And Digital Regulation, Tabrez Y. Ebrahim
3d Printing: Digital Infringement And Digital Regulation, Tabrez Y. Ebrahim
Faculty Scholarship
3D printing is a rapidly-growing technology that enables creation of three dimensional solid objects made from a digital Computer Aided Design ("CAD") file. Patent law issues are particularly relevant and uncertain in the realm of 3D printing. Thus, analysis of the Patent Act is needed to better understand direct infringement (of either the use of a 3D printer, of a CAD file, or under the doctrine of equivalents), indirect infringement, and contributory infringement in the context of 3D printing. A key issue in this analysis is whether a CAD file should be viewed as making the object itself since 3D …
Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim
Trademarks And Brands In 3d Printing, Tabrez Y. Ebrahim
Faculty Scholarship
No abstract provided.
Patent "Trolls" And Claim Construction, Greg Reilly
Patent "Trolls" And Claim Construction, Greg Reilly
Faculty Scholarship
This Essay explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”), finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit is deeply divided as to the proper approach to claim construction. This split is a significant contributor to uncertain patent scope, which is widely-recognized as a core reason for the rise and success of patent assertion entities. Second, case law and commentary increasingly endorse an approach to claim construction that relies on the “general meaning” in the technical field with limited reliance on the patent itself. This approach increases …