Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett
I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett
Richmond Journal of Law & Technology
Bad facts make bad law. The Supreme Court recently addressed the issue of what constitutes the appropriate standard of proof for invalidating an issued patent. The Patent Act provides a presumption of patent validity. Therefore, a party challenging a patent’s validity bears the burden of overcoming this presumption. However, the Patent Act is silent as to the standard of proof required to satisfy this burden. Despite the Act’s silence, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has consistently held that the Patent Act’s presumption of validity can only be overcome by a showing of clear and …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its first issue of the 2007–2008 academic school year. To start off the new academic year, our authors present new ideas on the age old topic of Patent Law.
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
Richmond Journal of Law & Technology
As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
Richmond Journal of Law & Technology
Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to …
Markman V. Westview Instruments, Inc.: Patent Construction Is Within The Exclusive Province Of The Court Under The Seventh Amendment, Sue Ann Mota
Richmond Journal of Law & Technology
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.