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Full-Text Articles in Law
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
At&T V. Microsoft: Is This A Case Of Deepsouth Déjà Vu?, Christopher R. Rogers
Maine Law Review
It has been stated many times by various courts that the patent laws of the United States do not reach beyond the borders of the United States. In an age of expanding world commerce, the territorial reach of our patent laws has sometimes made it difficult for U.S. inventors to meaningfully protect their intellectual property. For example, the Supreme Court holding in Deepsouth Packing Co. v. Laitram Corp. opened up a loophole that allowed unlicensed U.S. manufacturers to essentially export patented inventions, thereby trampling on the patent rights of U.S. patent holders selling to foreign markets. The Deepsouth loophole has …
Adoption Of The Bayh-Dolye Act In Developed Countries: Added Presure For A Broad Research Exemption In The United States?, Michael S. Mireles
Adoption Of The Bayh-Dolye Act In Developed Countries: Added Presure For A Broad Research Exemption In The United States?, Michael S. Mireles
Maine Law Review
Numerous developed countries, most if not all members of the Organization of Economic Cooperation and Development (OECD), including Japan, France, the United Kingdom, Germany, Austria, Denmark, Norway, Portugal, Spain, and Finland, have or are considering adopting legislation similar to the Bayh-Dole Act. These countries apparently believe that passage of legislation similar to the Bayh-Dole Act will lead to the transfer of government funded research results from the university laboratory to the marketplace and other economic activity. In the United States, the birthplace of the Bayh-Dole Act (the Act), it is not entirely clear whether its passage is the direct result …
The Cessation Of Innovation: An Inquiry Into Whether Congress Can And Should Strip The Supreme Court Of Its Appellate Jurisdiction To Entertain Patent Cases, Catherine Taylor
The Cessation Of Innovation: An Inquiry Into Whether Congress Can And Should Strip The Supreme Court Of Its Appellate Jurisdiction To Entertain Patent Cases, Catherine Taylor
Chicago-Kent Law Review
No abstract provided.
Are Patents Really Limited To 20 Years?, Melody Wriz
Are Patents Really Limited To 20 Years?, Melody Wriz
Oklahoma Journal of Law and Technology
No abstract provided.
Samsung V. Apple: Taking A Bite Out Of The Design Patent “Article Of Manufacture” Controversy, Elizabeth M. Gil
Samsung V. Apple: Taking A Bite Out Of The Design Patent “Article Of Manufacture” Controversy, Elizabeth M. Gil
University of Miami Business Law Review
Smartphones have become a universal item. A smartphone is comprised of hundreds of thousands of patented inventions, many of which are design patents.1It is these design patents that are at the center of the highly-contested case of Samsung Electronics Co., Ltd. v. Apple Inc., which involves three of the design patents within Apple’s iPhone. Beginning in 2011, Apple and Samsung have been in a seemingly never-ending litigious battle over these design patents with the case commencing in the district court, climbing up to the Supreme Court of the United States, and returning to the district court. It is this …
Imputed Liability: How To Determine When Parent Companies Should Be Held Liable For The Patent Infringements Of Their Subsidiary Companies, Emma Tracy
Missouri Law Review
This Note examines the theory and principles behind three traditional methods used to hold parent companies liable for the infringing actions of their subsidiaries. These methods include traditional agency principles of tort law, piercing of the corporate veil, and inducement principles outlined in § 271(b) of the Patent Act. This Note then discusses how these three methods differ in both the underlying theories they employ, and the subsequent outcomes they achieve, when it comes to fundamental issues of inducement liability. This analysis will include what type of conduct is required and what level of knowledge is necessary to impute liability …
Causal Responsibility And Patent Infringement, Dmitry Karshtedt
Causal Responsibility And Patent Infringement, Dmitry Karshtedt
Vanderbilt Law Review
It is not uncommon for multiple parties in the stream of commercemanufacturers, distributors, end users-to be involved in the infringement of a single patent. Yet courts continue to struggle with such scenarios. Attempts to deal with them-particularly when plaintiffs asserted so-called method patents, which cover specific "steps," or actions-have produced results that defy commonsense notions of legal responsibility. In method patent cases, the patentee must clear much higher legal hurdles to prevail against a manufacturer who designed and supplied an infringing device than against an end user who simply bought that device and operated it as intended. The manufacturer can …
The "Strict Liability" Of Direct Patent Infringement, Lynda J. Oswald
The "Strict Liability" Of Direct Patent Infringement, Lynda J. Oswald
Vanderbilt Journal of Entertainment & Technology Law
In 1995, the Federal Circuit summarily attached the label of "strict liability" to direct patent infringement, even though that term does not appear in any US Patent Act enacted in the past two centuries. The catechism of "strict" direct patent infringement liability is now so well engrained in patent doctrine that it is easy to lose sight of how recent the advent of this terminology is in the case law, and how troublesome application of this standard has proven, even to the Federal Circuit, which created it. The first Patent Act (1790) preceded the emergence of tort law as a …