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Full-Text Articles in Law
The Aia Is Not A Taking: A Response To Dolin & Manta, Camilla A. Hrdy, Ben Picozzi
The Aia Is Not A Taking: A Response To Dolin & Manta, Camilla A. Hrdy, Ben Picozzi
Washington and Lee Law Review Online
No abstract provided.
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Unenforceability, Lee Petherbridge, Jason Rantanen, R. Polk Wagner
Washington and Lee Law Review
The patent doctrine of inequitable conduct—which allows a patent to be held unenforceable on the basis of misbehavior by the applicant during patent prosecution—has been the subject of intense criticism from the bench and bar alike. And yet to date there has been no systematic attempt to determine whether the doctrine is or is not working as theorized. This study fills that gap. We evaluate the performance of the inequitable conduct doctrine with a novel methodological approach: by empirically characterizing the differences between patents found unenforceable and several other types of patents (unlitigated, litigated, invalid, obvious, and underdisclosed), we use …
Efficient Uncertainty In Patent Interpretation, Harry Surden
Efficient Uncertainty In Patent Interpretation, Harry Surden
Washington and Lee Law Review
Research suggests that widespread uncertainty over the scopes of issued patents creates significant costs for third-party firms and may decrease innovation. This Article addresses the scope uncertainty issue from a theoretical perspective by creating a model of patent claim scope uncertainty. It is often difficult for third parties to determine the legal coverage of issued patents. Scope underdetermination exists when the words of a patent claim are capable of a broad range of plausible scopes ex ante in light of the procedures for interpreting patents. Underdetermination creates uncertainty about claim coverage because a lay interpreter cannot know which interpretation will …
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr
Washington and Lee Law Review
No abstract provided.
Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell
Litigating The Validity And Infringement Of Software Patents, William L. Anthony, Jr., Robert C. Colwell
Washington and Lee Law Review
No abstract provided.
Combination Patents And Synergism: Must 2 + 2 = 5?
Combination Patents And Synergism: Must 2 + 2 = 5?
Washington and Lee Law Review
No abstract provided.
The Patentability Of Living Matter: Hey Waiter, What's Chakrabarty's Pseudomonas Bacterium Doing Back In The Supreme Court's Soup?
Washington and Lee Law Review
No abstract provided.
Exports And Patent Infringement: The Test Of Manufacture "Within The United States"
Exports And Patent Infringement: The Test Of Manufacture "Within The United States"
Washington and Lee Law Review
No abstract provided.
Mandatory Package Licensing As Patent Misuse
Mandatory Package Licensing As Patent Misuse
Washington and Lee Law Review
No abstract provided.