Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 7 of 7
Full-Text Articles in Law
Patent Inconsistency, Saurabh Vishnubhakat
Patent Inconsistency, Saurabh Vishnubhakat
Indiana Law Journal
Despite the promise of efficiency through the use of expert agency adjudication in U.S. patent law, administrative substitution continues to fall short. In a variety of ways, the decade-old system of Patent Office adjudication is simply an additional place to litigate rather than the robust technocratic alternative it was meant to be. These problems have arisen from important defects in the statutory design, but also from the enormous expansion and ascendancy of the Patent Office itself. Moreover, while duplicative litigation over patent validity is recognized and criticized, its scale and scope has eluded detailed empirical analysis until now. This Article …
Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman
Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman
IP Theory
The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic scope of the patent.
Once liability …
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor
No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor
Indiana Law Journal
No abstract provided.
The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher
The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher
Indiana Law Journal
No abstract provided.