Law Commons^™

Inhibiting Patent Trolling: A New Approach For Applying Rule 11 (Working Paper), Young Jeon, Eric J. Rogers

Youngsik Jeon

The existing Rule 11 of the FRCP can be immediately harnessed to help solve the patent troll, nuisance-lawsuit problem. Currently there is the perception that too many litigious entities, commonly referred to as “patent trolls,” are creating too much dead-weight economic waste in society. The popular view is that there has been an alarming rise in the number of patent trolls that make no products but try to monetize patents by filing dubious patent infringement lawsuits merely to extract money from commercially productive companies that actually make products and use technologies for society’s benefit. Defining “patent troll” is probably too …

On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson

David S. Olson

This piece offers commentary on two essays in the current volume of the Cornell Law Review: James Bessen and Michael J. Meurer’s The Direct Costs from NPE Disputes and David L. Schwartz and Jay P. Kesan’s Analyzing the Role of Non-Practicing Entities in the Patent System. Schwartz and Kesan’s essay critiques Bessen and Meurer and offers some further thoughts on the role of empirical work regarding non-practicing entities (NPEs). Before I begin my substantive comments on the two pieces, I must say that these two essays, which engage each other fulsomely, carefully, and respectfully, are models of how academic debate …

On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson

David S. Olson

This piece offers commentary on two essays in the current volume of the Cornell Law Review: James Bessen and Michael J. Meurer’s The Direct Costs from NPE Disputes and David L. Schwartz and Jay P. Kesan’s Analyzing the Role of Non-Practicing Entities in the Patent System. Schwartz and Kesan’s essay critiques Bessen and Meurer and offers some further thoughts on the role of empirical work regarding non-practicing entities (NPEs). Before I begin my substantive comments on the two pieces, I must say that these two essays, which engage each other fulsomely, carefully, and respectfully, are models of how academic debate …

On Npes, Holdups, And Underlying Faults In The Patent System, David S. Olson

David S. Olson

This piece offers commentary on two essays in the current volume of the Cornell Law Review: James Bessen and Michael J. Meurer’s The Direct Costs from NPE Disputes and David L. Schwartz and Jay P. Kesan’s Analyzing the Role of Non-Practicing Entities in the Patent System. Schwartz and Kesan’s essay critiques Bessen and Meurer and offers some further thoughts on the role of empirical work regarding non-practicing entities (NPEs). Before I begin my substantive comments on the two pieces, I must say that these two essays, which engage each other fulsomely, carefully, and respectfully, are models of how academic debate …

Indigenous Knowledge, Sam Grey

Sam Grey

Indigenous knowledge (IK) includes the expressions, practices, beliefs, understandings, insights, and experiences of Indigenous groups, generated over centuries of profound interaction with a particular territory. Its iterations and mechanisms are unique to each community, even where it shares certain features across groups by virtue of being embedded in a wider, common culture. In all locations IK is the foundation of Indigenous governance, ecological stewardship, social, ethical, linguistic, spiritual, medical, food, and economic systems, so that the continual production and reproduction of local, land-based knowledge is the basis of Indigenous identity and sense of place in the world, as well as …

Commissioned By The Australian Digital Alliance - 'Authorisation In Context', Rebecca Giblin

Dr Rebecca Giblin

In 2014, the Australian Government proposed amending the Copyright Act 1968 to broaden the circumstances in which an organisation or individual may be liable for someone else’s copyright infringement. Although the Government’s proposed amendment appears to be squarely aimed at ISPs, the amendments would apply with equal force to any other person who provides goods or services which may be put to infringing use. This includes all organisations which provide internet access to the public (including government bodies, libraries, schools and universities), online platforms which enable users to upload and display images and videos (such as eBay, Facebook and YouTube), …

Response To Online Copyright Infringement Discussion Paper, Rebecca Giblin

Dr Rebecca Giblin

My personal submission in response to the Australian Government's Online Copyright Infringement Discussion Paper, September 2014. It argues that: 1. There is little evidence that ISP policing helps toa chieve copyright's aims; 2. Balancing the full range of competing rights and interests is extremely complex (and should not be abnegated to rights holders); 3. Graduated response schemes don't solve the content access problem; and 4. We need mechanisms to ensure the possibility of rigorous evaluation of the law.

Trips & Development, Daniel J. Gervais

Daniel J Gervais

This brief Chapter in the (forthcoming) SAGE Handbook of Intellectual Property examines available data and analyses concerning the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) on development. The Chapter considers distinctions among types of countries and industries, and the role of the World Intellectual Property Organization (WIPO).

The Anti-Economy Of Fashion: An Openwork Approach To Intellectual Property Protection, Amy L. Landers

Amy L. Landers

Fashion’s cultural connections provide the groundwork for a theory to resolve the critical questions of protection for works that draw strongly on exogenous inputs. This article proposes that narrow protection for fashion is both economically justified, theoretically sound, and beneficial to the field because it facilitates spillovers in a manner that allows others to create the endless variations that are the lifeblood of this vibrant industry. Such protection relies on a theory of openworks, which applies to designs that have a high level of input from outside of the creator’s realm of activity. In fashion, inspiration that derives from the …

Principios, Derechos Y Límites Del Derecho A Comunicar, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.

Will The “Nexus” Requirement Of Apple V. Samsung Preclude Injunctive Relief In The Majority Of Patent Cases?: Echoes Of The Entire Market Value Rule, Daniel Harris Brean

Daniel Harris Brean

Australian Federal Court Clarifies Statutory Termination Rights In Patent Licence Agreement, Tyrone Berger

Dr Tyrone Berger

MPEG LA, LLC v Regency Media Pty Ltd [2014] FCA 180, Federal Court of Australia, 6 March 2014. The Federal Court of Australia has ruled that no notice of termination, under s 145 of the Patents Act 1990 (Cth), can be given until all of the patents in respect of the patented inventions identified in the patent licence agreement have ceased to be in force.

Compulsory Licensing Of Patents In Australia: Reforming The Landscape Or Fencing Us In?, Tyrone Berger

Dr Tyrone Berger

The Productivity Commission (‘the Commission’) released its final report to Government into the compulsory licensing provisions of the Patents Act 1990 (Cth) (‘the Act’) on 28 March 2013. Its stated focus, however, is on the operation of compulsory licensing in Australia more broadly, therefore, it considered related parts of the Act, for example, the Crown use provisions and specific technology areas involving Standard Essential Patents (SEPs), which have not undergone the same level of scrutiny in the past. One of the motivations for the inquiry was to assess whether the compulsory licensing provisions can be invoked efficiently and effectively, given …

Beyond Resqnet: Clarifying The Standard For The Use Of Patent Settlements, Tejas N. Narechania, Jackson Taylor Kirklin

Tejas N. Narechania

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

Keeping Up With The Game: The Use Of The Nash Bargaining Solution In The Calculation Of Reasonable Royalty Damages In Patent Infringement Cases, Lance E. Wyatt Jr.

Lance E Wyatt Jr.

Determining damages are an integral stage in the patent litigation process. Since 1970, reasonable royalty damages have been calculated using the factors set forth in the seminal decision, Georgia-Pacific Corp. v. United States Plywood Corp. However, these factors are prone to manipulation and abuse by damages experts. Using a solution to a two-person bargaining situation developed by John Nash, Jr. in 1950, damages experts have utilized the Nash Bargaining Solution as a method to calculate reasonable royalty damages in patent infringement cases. Since its introduction in patent infringement cases, courts have been reluctant to admit the use of the NBS …