Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
The “Green Patent Paradox” And Fair Use: The Intellectual Property Solution To Fight Climate Change, Samuel Cayton
Seattle Journal of Technology, Environmental & Innovation Law
As the climate crisis consistently worsens, the United States’ response to the crisis has proven inconsistent. Even with the United States likely to recommit to the Paris Climate Agreement, political tensions will likely further delay a climate response. The polarized characterization of the Green New Deal, the inaction of scientifically misguided conservatives, and the incessant proposal for middle ground approaches lacking the urgency needed to change course all contribute to this delay. While swift action from the federal government is needed, looking to the private sector to transition to sustainability is equally important. Specifically, patent protection is a strong intellectual …
Application Of Patent Law Damages Analysis To Trade Secret Misappropriation Claims: Apportionment, Alternatives, And Other Common Limitations On Damages, Douglas G. Smith
Application Of Patent Law Damages Analysis To Trade Secret Misappropriation Claims: Apportionment, Alternatives, And Other Common Limitations On Damages, Douglas G. Smith
Seattle University Law Review
Part I of this article discusses the case law acknowledging the applicability of patent law precedents in the context of trade secret damage claims. Part II discusses the application of patent law precedents regarding lost profits as a measure of damages. Part III analyzes the applicability of patent law damages principles in the context of unjust enrichment as a measure of damages. Part IV then proceeds to examine how patent law principles are frequently applied in the context of royalty damages. Part V discusses the case law relating to disaggregation and apportionment of damages in the context of patent and …
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Seattle University Law Review
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders from piracy through minor variations on their inventions. Over time, two trends have transformed it from shield to sword. First, plaintiffs have persuaded courts to allow claims of infringement by equivalents even where there is no evidence of copying or other fraud. Second, as juries have decided more and more infringement cases, their sympathy for patent holders has had a greater impact on equivalents cases. Together, these trends have worked a gross distortion on the doctrine of equivalents. The doctrine should not be used to …
Expanding The Use Of Hypothetical Analysis When Evaluating Patent Infringement Under The Doctrine Of Equivalents, Brian E. Lewis
Expanding The Use Of Hypothetical Analysis When Evaluating Patent Infringement Under The Doctrine Of Equivalents, Brian E. Lewis
Seattle University Law Review
Accordingly, the purpose of this Comment is twofold: first, to bring the reader up-to-date on the doctrine of equivalents, and second, to suggest an improvement on the doctrine's application that is consistent with recent developments. This Comment proposes that the hypothetical technique should be expanded to evaluate more than prior art alone. Before exploring how this new use of the hypothetical would work, however, it is necessary to explain the doctrine of equivalents' history, the factors that affect the range of equivalents, and the methods to determine and apply equivalents.