Heightened Standards of Proof in Patent Infringement Litigation: A Critique

BD Daniel - AIPLA QJ, 2008 - HeinOnline
In its recent decisions, the Supreme Court has rejected several principles adopted by the
Federal Circuit Court of Appeals to govern patent infringement litigation. The Court held that …

Patent Claim Construction in the Trial Courts: A Study Showing the Need for Clear Guidance from the Federal Circuit

AT Zidel - Seton Hall. L. Rev., 2002 - HeinOnline
The Court of Appeals for the Federal Circuit'(" CAFC") held in 1995 that" the interpretation
and construction of patent claims, which define the scope of the patentee's rights under the …

The Impact of the Creation of the Court of Appeals for the Federal Circuit on the Availability of Preliminary Injunctive Relief Against Patent Infringement

WA Morrison - Ind. L. Rev., 1990 - HeinOnline
The Court of Appeals for the Federal Circuit (CAFC) lowered the threshold standards
required for the acquisition of preliminary injunctions against patent infringement. 1 The …

Toward certainty and uniformity in patent infringement cases after Festo and Markman: A proposal for a specialized patent trial court with a rule of greater deference

GJ Wallace - S. Cal. L. Rev., 2003 - HeinOnline
The increasingly complex technology involved in patent infringement cases has lead many
to question the ability of district court judges and jurors in such cases to issue uniform and …

The Federal Circuit's Presumptively Erroneous Presumption of Irreparable Harm

RH Wepner, RW Ellis - Tul. J. Tech. & Intell. Prop., 2004 - HeinOnline
Court of Appeals for the Federal Circuit set into motion a line of authority to the effect that
when a patent owner seeks a preliminary injunction in a patent infringement case and …

Who wins patent infringement cases

PM Janicke, LL Ren - AIPLA QJ, 2006 - HeinOnline
For a number of years, accused patent infringers have been winning patent infringement
suits at a rate of three to one. While patent owners win slightly more than half the cases that …

Wasting Resources: Reinventing the Scope of Waiver Resulting from the Advice-of-Counsel Defense to a Charge of Willful Patent Infringement

DO Taylor - Tex. Intell. Prop. LJ, 2003 - HeinOnline
Patent infringement cases may be the very definition of" high-stakes litigation." Findings of
patent infringement almost always result in the issuance of permanent injunctions, and …

The Law of Patent Claim Interpretation: The Revolution Isn't Finished

JB Altman, G Goldman, GM Brown - Fed. Cir. BJ, 1998 - HeinOnline
The determination of patent infringement involves two steps. The first step is to establish the
meaning of the patent claims. The second is to determine whether the accused device or …

Permanent Injunctions in Patent Cases

D Keyhani - Buff. Intell. Prop. LJ, 2008 - HeinOnline
Historically, the US courts have almost as a matter of course upheld the presumption of a
permanent injunction when finding infringement of a valid patent.'However, the US Supreme …

(In) valid Patents

PR Gugliuzza - Notre Dame L. Rev., 2016 - HeinOnline
Increasingly, accused infringers challenge a patent's validity in two different forums: in
litigation in federal court and in post-issuance review at the Patent and Trademark Office …