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Articles 1 - 9 of 9
Full-Text Articles in Law
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Inequitable Conduct: A Standard In Motion., Benjamin Brown
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Re-Evaluating Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Lorelei Ritchie De Larena
Indiana Law Journal
The Declaratory Judgment Act of 1934 was quickly tagged by the US. Supreme Court as a simple procedural measure. That said, the addition of the declaratory judgment option has dramatically increased the rights of would-be defendants. This is of special interest in patent law, where without the ability to initiate legal action, an alleged infringer would typically have no recourse but to either drop a lucrative business and lose a massive investment, or to languish in legal limbo while potentially accruing liability for treble damages. The option of a mirror-image lawsuit removes the patentee's ability to decide unilaterally when, where-and, …
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Missouri Law Review
"Willful" infringement is alleged in over 90% of patent cases. This is primarily because, under the Patent Act and Federal Circuit case law, a finding of willful infringement gives trial judges the discretion to award treble damages and attorney's fees to the patentee. Given that patent infringement actions can carry litigation fees of two million dollars or more, an award of punitive damages is a serious threat to accused infringers. A common and powerful defense to a willful infringement allegation is reasonable reliance on an opinion of counsel. Using this defense, the accused infringer can prove he acted in good …
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Inequitable Conduct Inequitably Inferred: When Do Patent Applicants' Actions Intend To Deceive?, Chris Henry
Washington and Lee Law Review
No abstract provided.
Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson
Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson
Michigan Telecommunications & Technology Law Review
This Article argues that the temporary presence exception was not designed to allow conveyance owners the ability to select the most optimal patent system under which to be subject. It also examines the ramifications of the temporary presence exception on international commerce and concludes that increased use of the exception may result in reduced values for patents relating to international conveyances, reduced incentives to invest in and develop technologies in international conveyances, and a decrease in the quality of various domestic patent systems worldwide. Finally, this Article proposes a solution to these problems. The temporary presence exception has received some …
Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody
Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody
Maurer Student Articles
No abstract provided.
Pharma's Nonobvious Problem, Rebecca S. Eisenberg
Pharma's Nonobvious Problem, Rebecca S. Eisenberg
Articles
This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents. By calling for an expansive and flexible analysis and disapproving of the use of rigid formulas in evaluating an invention for obviousness, KSR may appear to make it easier for generic competitors to challenge the validity of drug patents. But an examination of the Federal Circuit's nonobviousness jurisprudence in the context of such challenges reveals that the Federal Circuit has been employing all along the sort of flexible …
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Our Uniform Patent System, Clarisa Long
Our Uniform Patent System, Clarisa Long
Faculty Scholarship
Patent reform arouses passions among the affected industries, whether they are plaintiffs or defendants, willing users or unwilling participants in the patent system. The key question, therefore, is: How should we structure the patent system in order to best promote innovation in the U.S. economy?