Law Commons^™

Did Learned Hand Get It Wrong?: The Questionable Patent Forfeiture Rule Of Metallizing Engineering Co. V. Kenyon Bearing & Auto Parts Co., Dmitry Karshtedt

Dmitry Karshtedt

As Congress stands on the verge of passing patent reform legislation that will grant patent priority to those who are first to file rather than first to invent, an old chestnut of a case penned by Judge Learned Hand some 65 years ago has attracted the attention of lawmakers and commentators. The case of Metallizing Engineering Co. v. Kenyon Bearing & Auto Parts Co. dealt with the thorny problem of granting patents those who have, for some time before patenting, practiced their inventions in secret. The Second Circuit held that one who competitively exploits a secret invention at a time …

Res Or Rules? Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris

Emily Michiko Morris

RES OR RULES? PATENTS AND THE (UNCERTAIN) RULES OF THE GAME

Emily Michiko Morris

ABSTRACT

The stakes at play in modern-day patent infringement suits can be worth hundreds of millions of dollars. Just take a look at the $612.5 million that Research In Motion, Ltd., paid to settle NTP, Inc.’s patent infringement suit against it. How could RIM have made such an expensive mistake? After all, patents are public records, so ideally patent infringers should simply do their homework and avoid such massive liability. In reality there are a multitude of reasons why some technology companies find themselves infringing others’ …