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Full-Text Articles in Law
“Sacrifice And Recoupment” In The Antitrust Analysis Of Patent Settlements: Actavis Through The Lens Of Brooke Group, Aspen Skiing, And Trinko, Bryan Gant
American University Business Law Review
Patent settlements are typically procompetitive, benefiting not only the settling parties but also the courts and the general public. But in rare cases patent settlements might instead harm competition, and thus raise antitrust concerns. How are courts to determine when antitrust scrutiny should — and, more importantly, should not — be applied to patent settlements? The answer ostensibly came in the Supreme Court’s 2013 decision in FTC v. Actavis, Inc. Under Actavis, antitrust scrutiny of patent settlements may “sometimes” be appropriate where there is a “large,” “unexplained” “reverse payment” from the patentee to the patent challenger. Unless, that is, the …
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Intellectual Property Brief
No abstract provided.
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Intellectual Property Brief
In Markman claim term disputes, the paramount interest of the public in patents and in the public domain is unrepresented, even though “patent rights are ‘issues of great moment to the public.’” What delineates the outer bounds of the patent claim interpretation inquiry are the “private interests of the litigants.” The public interest is set aside. Neither the courts nor the litigants are well positioned to address the “underlying policy of the patent system” or to ask pointedly whether the patent claims, unless properly construed, have enough “worth to the public” to “outweigh the restrictive effect of the limited patent …
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
Intellectual Property Brief
No abstract provided.
Gender And Invention: Mapping The Connections, Victoria Phillips
Gender And Invention: Mapping The Connections, Victoria Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
“Selling” Women: Lillian Gilbreth, Gender Translation, And Intellectual Property, Rayvon Fouché, Sharra Vostral
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Do Patents Have Gender?, Dan L. Burk
Do Patents Have Gender?, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Intellectual Property Brief
No abstract provided.
Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek
Intellectual Property Brief
No abstract provided.
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Intellectual Property Brief
No abstract provided.
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Regulation Of Medicine Patents By The Anti-Counterfeiting Trade Agreement To Broaden Access To Medicine, Daniel Lee
Intellectual Property Brief
No abstract provided.
Pharmaceutical Patents, Paragraph Iv, And Pay-For-Delay: The Landscape Of Drung Patent Litigation And The Lessons Provided For The Recently Passed Biosimilar Approval Pathway, Brett Havranek
Intellectual Property Brief
No abstract provided.
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
American University Law Review
In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
American University Law Review
No abstract provided.
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
American University Law Review
No abstract provided.