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Full-Text Articles in Legal Remedies
A Comparative Study Of Patent Infringement Remedies Related To Non-Practicing Entities In The Courts Of Canada, The United Kingdom, And The United States, Aleksandar Nikolic
A Comparative Study Of Patent Infringement Remedies Related To Non-Practicing Entities In The Courts Of Canada, The United Kingdom, And The United States, Aleksandar Nikolic
LLM Theses
This work examines the scope of non-practicing entity behavior and whether the debate on remedies can lead to changes that encourage the goals behind a patent system. Innovation is often the stated goal but the significance of innovation commercialization is often ignored. Furthermore, there has been an increase in business models that involve alternate means of monetizing patents, not all of which were contemplated in the purpose of the patent system. Using the goals of the patent system as a backdrop, this work provides an overview of the impact of remedies available to courts in Canada, the United Kingdom, and …
The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham
The Metaphysics Of Tracing: Substituted Title And Property Rhetoric, Craig Rotherham
Osgoode Hall Law Journal
Tracing is conceptualized as the "following" of an object through an exchange transaction and into the product of that exchange. Why is this so and what are the consequences? This article argues that the presentation of tracing in the metaphysical language of transmutation allows the doctrine to be depicted as consistent with axiomatic notions of property that understand it as pre-political and that preclude judicial readjustment of proprietary rights. However, the metaphysical conceptualization of tracing gives the remedy a conceptual structure that has resulted in the doctrine developing dysfunctionally when compared with the normative justifications that motivated its initial development. …