Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 6 of 6

Full-Text Articles in Law

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania Dec 2018

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania

Tejas N. Narechania

Since Congress’s enactment of the Leahy-Smith America Invents Act, the power and influence of the Patent Trial and Appeal Board as an adjunct to (or substitute for) patent litigation has steadily grown. And just as the PTAB and district courts both face difficult questions of substantive patent law, many of the difficult jurisdictional and procedural issues that have presented in district court litigation have found counterparts in the PTAB, too. One category of such challenges regards the power of the PTAB to hear claims involving other governmental entities. Are the states immune from the power of the PTAB?
I conclude …


Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Dec 2017

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Tejas N. Narechania

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …


Patent Conflicts, Tejas N. Narechania Dec 2014

Patent Conflicts, Tejas N. Narechania

Tejas N. Narechania

Patent policy is typically thought to be the product of the Patent and Trademark Office, the Court of Appeals for the Federal Circuit, and, in some instances, the Supreme Court. This simple topography, however, understates the extent to which outsiders can shape the patent regime. Indeed, a variety of administrative actors influence patent policy through the exercise of their regulatory authority and administrative power.
This Article offers a novel description of the ways in which nonpatent agencies intervene into patent policy. In particular, it examines agency responses to conflicts between patent and other regulatory aims, uncovering a relative preference for …


Beyond Resqnet: Clarifying The Standard For The Use Of Patent Settlements, Tejas N. Narechania, Jackson Taylor Kirklin Dec 2013

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

Tejas N. Narechania

In 2010, the Federal Circuit issued ResQNet.com, Inc. v. Lansa, Inc., a landmark decision holding that settlement-related evidence can be compelling proof of damages in subsequent litigation. The effects of ResQNet were immediately evident. Some practitioners argued that ResQNet granted unlimited permission to use prior patent settlement agreements and related negotiations as evidence of damages for patent infringement. Some courts agreed, while others decided that the Federal Circuit’s ruling had no effect on Federal Rule of Evidence 408’s prohibition on the use at trial of settlement-related evidence to prove damages. Simply put, ResQNet wrought havoc on the standards for the …


An Unsettling Development: The Use Of Settlement Related Evidence For Damages Determinations In Patent Litigation, Tejas N. Narechania, J. Taylor Kirklin Dec 2011

An Unsettling Development: The Use Of Settlement Related Evidence For Damages Determinations In Patent Litigation, Tejas N. Narechania, J. Taylor Kirklin

Tejas N. Narechania

The federal courts have struggled to define the role that prior third-party settlements should play in determining damages for patent infringement. Although the use of such evidence is governed by the Federal Rules of Evidence, appellate and district courts have failed to reach consensus regarding the appropriate application of these rules. Most recently, in ResQNet v. Lansa, the Federal Circuit noted that the most reliable evidence of damages for infringement may be a license that emerges from a previous settlement. This decision prompted a flurry of new rulings by district courts regarding the admissibility and discoverability of evidence of previous …


An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania Sep 2010

An Offensive Weapon?: An Empirical Analysis Of The 'Sword' Of State Sovereign Immunity In State-Owned Patents, Tejas N. Narechania

Tejas N. Narechania

In 1999, the Supreme Court invoked state sovereign immunity to strike down provisions in the patent and trademark laws purporting to hold states liable for the infringement of these intellectual properties. These decisions ignited a series of criticisms, including allegations that sovereign immunity gives states an unfair advantage in the exercise of state-owned patent rights.
In particular, critics alleged two unfair advantages to state patentees. First, they alleged that states would favorably manipulate litigation. Second, they alleged that states would use their immunity from challenge to obtain broad patents or force private parties into licensing arrangements. An empirical study focusing …