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Full-Text Articles in Law and Economics

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold Oct 2020

Patent Accidents: Questioning Strict Liability In Patent Law, Patrick R. Goold

Indiana Law Journal

Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights proliferate and expand in scope, it is becoming increasingly easy for companies and individuals to inadvertently infringe patents. When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.

This Article questions the normative desirability of strict liability in patent law. Assuming the primary value of patent law is utilitarian, this Article poses the research question: what liability rule will maximize social welfare? This …


Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens Apr 2005

Tort Liability After The Dust Settles: An Economic Analysis Of The Airline Defendants' Duty To Ground Victims In The September 11 Litigation, David Y. Stevens

Indiana Law Journal

No abstract provided.


Tort Liability Of Organizations For Intentionally Impairing Economic Relations Jul 1953

Tort Liability Of Organizations For Intentionally Impairing Economic Relations

Indiana Law Journal

No abstract provided.