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2014

Patents

Articles 1 - 10 of 10

Full-Text Articles in Law

Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte Nov 2014

Trolls Or Great Inventors: Case Studies Of Patent Assertion Entities, Ryan Holte

Prof. Ryan T. Holte

There has been much debate about the economic harms caused by patent infringement lawsuits filed by patent holders who do not make or sell products covered by their own patents—entities pejoratively referred to as “patent trolls.” This debate has thus far been largely theoretical or based on broad industry-wide data. The purpose of this article is to present a focused empirical report that has previously been lacking—detailed information regarding the inventors themselves, the patent assertion entities (PAEs) that represent them, and the stories behind their patents. The research for this article centers on two instructive case studies: (1) MercExchange, L.L.C., …


The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte May 2014

The Trespass Fallacy In The "Software Patent" Debate, Ryan Holte

Prof. Ryan T. Holte

In The Trespass Fallacy in Patent Law, Professor Adam Mossoff details how patent law jurisprudence and scholarship is dominated by an indeterminacy critique or “trespass fallacy” in two respects. Professor Mossoff’s essay, however, only briefly mentions the now paramount contemporary issue surrounding the more-focused “software patent” debate. In this short essay, I briefly discuss Professor Mossoff’s trespass fallacy analysis as it relates to “software patents” and the Supreme Court’s October 2013 Term case Alice Corp. Pty. Ltd. v. CLS Bank Int’l.


Mark Mckenna Was Quoted In The Wall Street Journal Article Apple's Win In Court Won't Hurt Samsung Or Android On May 4, Mark Mckenna May 2014

Mark Mckenna Was Quoted In The Wall Street Journal Article Apple's Win In Court Won't Hurt Samsung Or Android On May 4, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Wall Street Journal article Apple's Win in Court Won't Hurt Samsung or Android on May 4


Mark Mckenna Was Quoted In The Cnn/Fortune Article Pple-Samsung Jury Splits The Baby: The Experts Weigh In On May 3, Mark Mckenna May 2014

Mark Mckenna Was Quoted In The Cnn/Fortune Article Pple-Samsung Jury Splits The Baby: The Experts Weigh In On May 3, Mark Mckenna

Mark P. McKenna

Professor Mark McKenna was quoted in several news sources, including the Wall Street Journal, CNN, and USA Today, on the Apple-Samsung patent verdict: Apple-Samsung jury splits the baby: The experts weigh in CNN/Fortune-by Philip Elmer-DeWitt-42 minutes ago


Mark Mckenna Was Quoted In The Usa Today Article Apple-Samsung Legal Outcome Won't Likely End Feud On May 5, Mark Mckenna May 2014

Mark Mckenna Was Quoted In The Usa Today Article Apple-Samsung Legal Outcome Won't Likely End Feud On May 5, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the USA Today article Apple-Samsung legal outcome won't likely end feud on May 5. For its part, Apple "clearly thought it would get more out of its patents," says University of Notre Dame law professor Mark McKenna, who specializes in intellectual property, trademark, patent and copyright law. And Samsung "fared much better than they might have, if you think what they potentially were on the hook for," he says. "But it's hard to call anyone a winner who has to spend the kind of money they spent litigating a case and then get ordered to …


Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10., Mark Mckenna May 2014

Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the CNBC article Why Apple’s the underdog in this Samsung trial on April 10. "It's hard to know until you see all the relevant pieces, but an initial read of the patents suggests to me that some of them are written at a very broad level," said Mark McKenna, a law professor at Notre Dame. "It would surprise me if they were upheld at that level of generality." Apple is making some broad claims about what it owns and will have to make a strong case to prove it actually deserves as much as it …


Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10, Mark Mckenna Apr 2014

Mark Mckenna Was Quoted In The Cnbc Article Why Apple’S The Underdog In This Samsung Trial On April 10, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the CNBC article Why Apple’s the underdog in this Samsung trial on April 10.


Mark Mckenna Was Quoted Ap Story Jury Selection Begins In Apple-Samsung Case On March 31, Mark Mckenna Apr 2014

Mark Mckenna Was Quoted Ap Story Jury Selection Begins In Apple-Samsung Case On March 31, Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted AP story Jury selection begins in Apple-Samsung case on March 31 “There’s a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented,” Notre Dame law professor Mark McKenna said. “Overly broad patents allow companies to block competition.”


Mark Mckenna Was Quoted • Ap In Many Articles About Software Patents Issues In The Apple-Samsung Court Case. On March 30., Mark Mckenna Apr 2014

Mark Mckenna Was Quoted • Ap In Many Articles About Software Patents Issues In The Apple-Samsung Court Case. On March 30., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted by AP in many articles about software patents issues in the Apple-Samsung court case. on March 30. "There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."


Mark Mckenna Was Quoted In The New York Times Article Apple’S War On Samsung Has Google In Crossfire On March 30., Mark Mckenna Apr 2014

Mark Mckenna Was Quoted In The New York Times Article Apple’S War On Samsung Has Google In Crossfire On March 30., Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the New York Times article Apple’s War on Samsung Has Google in Crossfire on March 30. “Google’s been lurking in the background of all these cases because of the Android system,” said Mark P. McKenna, a professor who teaches intellectual property law at Notre Dame. “Several people have described the initial battle between Samsung and Apple as really one between Apple and Google.”