Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 4 of 4
Full-Text Articles in Law
A Technological Theory Of The Arms Race, Lee B. Kovarsky
A Technological Theory Of The Arms Race, Lee B. Kovarsky
Lee Kovarsky
Although the 'technological arms race' has recently emerged as a vogue-ish piece of legal terminology, scholarship has quite conspicuously failed to explore the phenomenon systematically. What are 'technological' arms races? Why do they happen? Does the recent spike in scholarly attention actually reflect their novelty? Are they always inefficient? How do they differ from military ones? What role can legal institutions play in slowing them down? In this Article I seek to answer these questions. I argue that copyright enforcement and self-help represent substitutable tactics for regulating access to expressive assets, and that the efficacy of each tactic depends on …
Liquid Patents, Amy L. Landers
Liquid Patents, Amy L. Landers
Amy L Landers
The current patent system is argued to be in a state of crisis. Although much recent criticism about the patent system has been leveled at so-called “patent trolls,” another trend has emerged that may prove more enduring and potentially more troublesome. Patent holders have developed more systematized and strategic methods to obtain revenues from the patent system, building business plans around leveraging monetary value. Recognizing that the patent right can be monetized into licensing fees and damages in an action for patent infringement, some entities have undertaken formalized programs to gather or acquire critical patents in particular fields. These practices …
Liquid Patents, Amy L. Landers
Liquid Patents, Amy L. Landers
Amy L. Landers
The current patent system is argued to be in a state of crisis. Although much recent criticism about the patent system has been leveled at so-called “patent trolls,” another trend has emerged that may prove more enduring and potentially more troublesome. Patent holders have developed more systematized and strategic methods to obtain revenues from the patent system, building business plans around leveraging monetary value. Recognizing that the patent right can be monetized into licensing fees and damages in an action for patent infringement, some entities have undertaken formalized programs to gather or acquire critical patents in particular fields. These practices …
Let The Games Begin: Incentives To Innovation In The New Economy Of Intellectual Property Law, Amy L. Landers
Let The Games Begin: Incentives To Innovation In The New Economy Of Intellectual Property Law, Amy L. Landers
Amy L. Landers
Patent litigation is developing a troubling resemblance to a Las Vegas casino. Juries have awarded patentees damage amounts that far exceed the value of a patented invention. At the same time, courts have failed to define standards to align damages with the patentee’s harm. As a result, the damages awarded for patent infringement far exceed the amount that the patent is worth. These circumstances create incentives for patentees to “game” the patent system by seeking large damages and settlement jackpots from those accused of infringement. Increasingly, so-called “patent trolls” assert patent infringement allegations, seeking to turn ideas into cold hard …