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Articles 1 - 10 of 10
Full-Text Articles in Law
Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele
Enhancing Ongoing Royalties: The Inequitable Equitable Remedy, Layne S. Keele
West Virginia Law Review
No abstract provided.
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams
Michigan Telecommunications & Technology Law Review
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes included, among other things, the abrogation of the Appendix of Forms, which contained templates for summons, complaints, answers, and other litigation documents. Prior to its abrogation, Form 18—a template for a “Complaint for Patent Infringement”—was widely utilized by patent plaintiffs in crafting infringement complaints. Form 18 was created during the Conley pleading regime, when conclusory allegations were generally sufficient to survive a motion to dismiss. Accordingly, the sample allegations in Form 18 were conclusory and bare-bones in nature. Under Conley, plaintiffs who followed this …
When An Idea Is More Than Just An Idea: Insurance Coverage Of Business Method Patent Infringements Suits Under Advertising Injury Provisions Of Commercial General Liability Policies, Grace N. Witte
Journal of Intellectual Property Law
No abstract provided.
Key Words And Tricky Phrases: An Analysis Of Patent Drafters' Attempts To Circumvent The Language Of 35 U.S.C. § 112, Stephen J. Stark
Key Words And Tricky Phrases: An Analysis Of Patent Drafters' Attempts To Circumvent The Language Of 35 U.S.C. § 112, Stephen J. Stark
Journal of Intellectual Property Law
No abstract provided.
Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari
Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari
Journal of Intellectual Property Law
No abstract provided.
The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook
The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook
Notre Dame Law Review
The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court’s reworking of what constitutes patent-eligible subject matter and enhancing tools to combat “patent trolls,” what many have missed is the Court’s reworking of the contours of active inducement of patent infringement under 35 U.S.C. § 271(b). The Court has taken the same number of § 271(b) cases as subject matter eligibility cases—four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court’s efforts to define active …
Medical Process Patents: Can We Live Without Them? Should We?, Lara L. Douglass
Medical Process Patents: Can We Live Without Them? Should We?, Lara L. Douglass
Journal of Intellectual Property Law
No abstract provided.
The Patent Reexamination Reform Act Of 1994: A New Era Of The Third Party Participation, Shannon M. Casey
The Patent Reexamination Reform Act Of 1994: A New Era Of The Third Party Participation, Shannon M. Casey
Journal of Intellectual Property Law
No abstract provided.
Intel V. Ulsi System Technology, Mark J. Rozman
Intel V. Ulsi System Technology, Mark J. Rozman
Journal of Intellectual Property Law
No abstract provided.
Limiting Downstream Effects Of Patent Licensing Activity In Software And Electronics: An Argument For Alienability Of Patent Licenses To Licensees' Business Successors, Anna A. Onley
Chicago-Kent Law Review
Frustrating the ability to transfer ownership is costly, and non-creative entities (NCEs) may contribute to rising costs of innovation by contractually requiring their licensees to seek NCE consent to subsequent license transfers. One possible way of gradually limiting the reach of NCEs in this area is to expand the doctrine of patent misuse—which supports the unenforceability defense to patent infringement—to construe restraints on alienation of patent licenses as patent misuse. This narrowly tailored approach, discussed in this Note, minimizes the risk of negative impact on the patent system because it avoids the question of patent invalidity and does not seek …