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Full-Text Articles in Law
Interring The Pioneer Invention Doctrine, Brian J. Love
Interring The Pioneer Invention Doctrine, Brian J. Love
Brian J. Love
This article provides the first comprehensive analysis of patent law’s “pioneer invention doctrine” in almost two decades. Since the early 1990s, patent scholars have unanimously reported that case law favoring so-called “pioneer” patents – i.e., those disclosing the most revolutionary inventions – is dead letter. Accordingly, most scholars have ignored the pioneer doctrine entirely. Those few who have studied it, have consistently argued that the doctrine ought to be raised from the dead and reintroduced to patent law. In this article, I refute scholarly consensus on both points. First, my empirical results show that the pioneer doctrine is very much …
Like Deck Chairs On The Titanic: Why Spectrum Reallocation Won’T Avert The Coming Data Crunch But Technology Might Keep The Wireless Industry Afloat, Brian J. Love, David J. Love, James V. Krogmeier
Like Deck Chairs On The Titanic: Why Spectrum Reallocation Won’T Avert The Coming Data Crunch But Technology Might Keep The Wireless Industry Afloat, Brian J. Love, David J. Love, James V. Krogmeier
Brian J. Love
Skyrocketing mobile data demands caused by increasing adoption of smartphones, tablet computers, and broadband-equipped laptops will soon swamp the capacity of our nation’s wireless networks, a fact that promises to stagnate a $1 trillion slice on the nation’s economy. Among scholars and policymakers studying this looming “spectrum crisis,” consensus is developing that regulators must swiftly reclaim spectrum licensed to other industries and reallocate those rights to wireless providers. In this interdisciplinary piece, we explain in succinct terms why this consensus is wrong. With data demands increasing at an exponential rate, spectrum reallocation plans that promise only linear growth are destined …
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
The Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, Brian J. Love
Brian J. Love
This Article studies the Federal Circuit’s use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit’s professed rationale for doing so. Next, I demonstrate that this practice makes little …