A Few Kind Words for Absolute Infringement Liability in Patent Law

RP Merges - Available at SSRN 2464756, 2014 - papers.ssrn.com
I propose a partial defense of patent law's absolute liability rule. This rule makes it irrelevant
whether an infringement defendant copied from the patentee or independently invented the …

Interdependent Invention: A Limited Defense of Absolute Infringement Liability in Patent Law

R Merges - 2014 - law.berkeley.edu
I propose a partial defense of patent law's absolute liability rule. This rule makes it irrelevant
whether an infringement defendant copied from the patentee or independently invented the …

A Few Kind Words for Absolute Infringement in Patent Law

RP Merges - Berkeley Tech. LJ, 2016 - HeinOnline
The goal of this Article is to partially defend patent law's absolute liability rule. Most scholars
question the utility of absolute liability, which makes it irrelevant whether an infringement …

Copying in Patent Law

M Lemley - 2016 - osf.io
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 …

Copying in patent law

CA Cotropia, MA Lemley - NCL Rev., 2008 - HeinOnline
Patent law is virtually alone in intellectual property (" IP") law in punishing independent
development. To infringe a copyright or trade secret, defendants must copy the protected IP …

Patent Forfeiture

SB Seymore - Duke LJ, 2022 - HeinOnline
Patent law doesn't look kindly on patent owners who engage in wrongdoing involving the
patent. The US Supreme Court and lower courts have refused to enforce patents tainted with …

Refining in remedies in patent litigation: Three (increasingly immodest) proposals

TF Cotter - Santa Clara High Tech. LJ, 2013 - HeinOnline
This essay, which builds on my recent work on the law and economics of comparative patent
remedies, presents three proposals relating to the enforcement of domestic patent rights …

When Normal Is Reasonable: Damages for the Unpracticed Patent

O Liivak - BCL Rev., 2015 - HeinOnline
To obtain a substantial patent damage award a patentee need not commercialize the
patented invention; the patentee need only show that its patent was infringed. This surely …

Patents' New Salience

J Freilich - Va. L. Rev., 2023 - HeinOnline
It is quite likely that you, the reader, have infringed a patent today. There are millions of in-
force US patents, and many cover routine, everyday behaviors. Perhaps you used a …

Cousins, Not Twins: Patent Claim Scope vs. The Breadth of Patent Enforcement

RP Merges - The Breadth of Patent Enforcement (May 2, 2024), 2024 - papers.ssrn.com
In patent law, there is a property right, defined by the claims at the end of every patent. And
then there is the list of things others are prevented from doing with respect to the property …