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Full-Text Articles in Law
The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano
The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Aspex Eyewear, Inc. V. Marchon Eyewear, Inc. And Brain Life, Llc. V. Elekta, Inc.: Irreconcilable Conflict In The Law Governing Claim Preclusion In Patent Cases, Christopher Petroni
Aspex Eyewear, Inc. V. Marchon Eyewear, Inc. And Brain Life, Llc. V. Elekta, Inc.: Irreconcilable Conflict In The Law Governing Claim Preclusion In Patent Cases, Christopher Petroni
Chicago-Kent Journal of Intellectual Property
In 1991, the Federal Circuit held that a judgment on the merits in a patent infringement action bars future claims based on products that are “essentially the same” as the product at issue in the former suit. This rule governed claim preclusion in patent actions until at least 2009. Then, in 2012, the Federal Circuit upended the apple cart with Aspex Eyewear, Inc. v. Marchon Eyewear, Inc., 672 F.3d 1335 (Fed. Cir. 2012), holding that a judgment in an infringement suit never bars future claims against products that could not have been accused in the former litigation, essentially the …
Have We Gone Too Far: Does The Seventh Amendment Compel Fact-Finding Before Reaching A Decision On Patent-Eligible Subject Matter?, Jesse D.H. Snyder
Have We Gone Too Far: Does The Seventh Amendment Compel Fact-Finding Before Reaching A Decision On Patent-Eligible Subject Matter?, Jesse D.H. Snyder
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patent Litigation Attorneys' Fees: Shifting From Status To Conduct, Daniel Roth
Patent Litigation Attorneys' Fees: Shifting From Status To Conduct, Daniel Roth
Chicago-Kent Journal of Intellectual Property
Abusive patent assertion results in deadweight losses to society. Faced with the high cost of patent litigation, companies often settle for an amount equal to a fraction of the cost of defending a patent infringement suit. This allows the patent owner to extract settlements from many individuals without the risk of invalidation before a federal court. Shifting attorneys' fees to the prevailing party is a remedy courts award in exceptional cases to deter patent owners from bringing unreasonable claims of infringement and to return defendants to the position they were in prior to litigation. Current fee-shifting proposals target patent assertion …
Reasonable Royalties And The Calculation Of Patent Damages: Reflections And Recommendations For A Fair And Adequate Calculating Basis Of Reasonable Royalties In Terms Of Harmonization Of China-Taiwan Regional Patent Laws, Chung-Lun Shen
Chicago-Kent Journal of Intellectual Property
Among the substantive issues of patent law, patent enforcement has received increasing focus in the global community. Owing to the intangibility of patents, and in view of the symmetry of exclusive rights with damages, courts and juries have difficulty calculating appropriate damages for patent infringement. Compared with the traditional calculation of patent damages, which rests upon the patentee’s losses or infringer’s profits, the basis of reasonable royalties provides a flexible concept for accommodating damages when the patentee cannot adequately prove damages, especially, when the patented or infringing products were not available in the market at the time of infringement. Until …