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Full-Text Articles in Law
Whodunnit? Divided Patent Infringement In Light Of Akamai Technologies, Inc. V. Limelight Networks, Inc., Mark Tomlinson
Whodunnit? Divided Patent Infringement In Light Of Akamai Technologies, Inc. V. Limelight Networks, Inc., Mark Tomlinson
The Journal of Business, Entrepreneurship & the Law
This Note provides background information on divided patent infringement in the United States with emphasis on landmark cases and the previous understanding of the Patent Act. Part II provides background information on the underlying controversies and the software at issue in each case. Part III discusses the opinions of the factions of the court, and Part IV dissects the reasoning of each. Part V examines the implications of Akamai on businesses and other method patent holders while acknowledging that the future of the court's holding remains uncertain.
The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, Lori Andrews
The "Progress Clause": An Empirical Analysis Based On The Constitutional Foundation Of Patent Law, Lori Andrews
Lori B. Andrews
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Journal of Business & Technology Law
No abstract provided.
Patent Law Federalism, Paul Gugliuzza
Patent Law Federalism, Paul Gugliuzza
Faculty Scholarship
Most lawsuits arising under federal law can be filed in either state or federal court. Patent suits, however, may be filed only in federal court. Why do patent cases receive exceptional treatment? The usual answer is that federal courts, unlike state courts, provide uniformity and expertise in patent matters. This Article analyzes whether exclusive jurisdiction actually serves those policy aims and concludes that the uniformity-expertise rationale is overstated. If exclusive federal patent jurisdiction is to be justified, attention must also be given to pragmatic considerations, such as the respective quality of state and federal trial courts, the courts’ ability to …