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Articles 1 - 9 of 9
Full-Text Articles in Law
How (Not) To Discourage The Unscrupulous Copyist, Peter L. Ludwig
How (Not) To Discourage The Unscrupulous Copyist, Peter L. Ludwig
Peter L. Ludwig
This short article explores how the U.S. and Japanese courts implement the doctrine of equivalence when determining patent infringement. The doctrine of equivalence is a balance of, on one hand, the public’s interest to know the metes and bounds of the patent; and on the other hand, the private interest of the patentee to be granted a sufficient scope for the granted patent. After comparing and contrasting the courts’ implementation of the doctrine, I propose a new method that places the burden on the patent practitioner, before infringement proceedings begin, to determine the proper scope of the patent.
Accounting Of Profits To Remedy Biotechnology Patent Infringement, Kuris Andrews, Jeremy De Beer
Accounting Of Profits To Remedy Biotechnology Patent Infringement, Kuris Andrews, Jeremy De Beer
Osgoode Hall Law Journal
A number of important agricultural biotechnology patent disputes have arisen in Canada since the 2004 Supreme Court of Canada decision in Monsanto v. Schmeiser. Typically, defendants no longer contest issues of patent validity or infringement. Instead, the controversies have shifted to discussions about applicable remedies for infringement. The Schmeiser case ostensibly marked a fundamental change in the appropriate method for conducting an accounting of the profits that a defendant infringer must disgorge to a plaintiff patentee. The remedy of accounting of profits in patent cases, however, remains mired in definitional and conceptual confusion, which the Schmeiser case has brought to …
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Willful Patent Infringement After In Re Seagate: Just What Is "Objectively Reckless" Infringement?, Randy R. Micheletti
Chicago-Kent Law Review
Recently the United States Court of Appeals for the Federal Circuit dramatically change the rules for proving willful patent infringement—and justifying enhanced damages—in In re Seagate Technology. A patentee alleging willful infringement must now first prove "by clear and convincing evidence that the infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent." He must then show that the objectively defined risk was "either known or so obvious that it should have been known to the accused infringer." The court expressly delegated substantive development of the new test to future cases. Because district …
Lessons From Europe On How To Tame U.S. Patent Trolls, Anna Mayergoyz
Lessons From Europe On How To Tame U.S. Patent Trolls, Anna Mayergoyz
Cornell International Law Journal
No abstract provided.
Copying In Patent Law, Christopher A. Cotropia
Copying In Patent Law, Christopher A. Cotropia
Law Faculty Publications
Patent law is virtually alone in intellectual property (IP) in punishing independent development. To infringe a copyright or trade secret, defendants must copy the protected IP from the plaintiff, directly or indirectly. But patent infringement requires only that the defendant's product falls within the scope of the patent claims. Not only doesn't the defendant need to intend to infringe, but the defendant may be entirely unaware of the patent or the patentee and still face liability. Nonetheless, copying does play a role in some subsidiary patent doctrines, including damages rules, willfulness, and obviousness. More significantly, the rhetoric of patent law …
Application Of The Inequitable Conduct Doctrine After Kingsdown, Eric R. Puknys, Jared D. Schuttenhelm
Application Of The Inequitable Conduct Doctrine After Kingsdown, Eric R. Puknys, Jared D. Schuttenhelm
Santa Clara High Technology Law Journal
No abstract provided.
Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani
Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani
Villanova Law Review
No abstract provided.
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
Patent-Holding Patent Attorneys: Conflicts Of Interests, Confidentiality, And Employment Issues Comment., Ashley R. Presson
St. Mary's Law Journal
Patents are grants issued by the United States Patent and Trademark Office (USPTO) which confer upon the holder, the patentee, patent rights to such intellectual property as inventions, technologies, and processes. Patent rights include the right to exclude others from “making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States.” Once the USTPO has granted a patent, the inventor may market the product. Patentees who do not have the funds or time to market the product may profit by conveying the legal rights conferred by the patent to other …
In Re Seagate: Effects And Future Development Of Willful Patent Infringement, Christopher Ryan Lanks
In Re Seagate: Effects And Future Development Of Willful Patent Infringement, Christopher Ryan Lanks
West Virginia Law Review
No abstract provided.