Patent law is intended to foster the creation and distribution of new and valuable inventions.
To further that objective, patent remedies must balance three competing incentives: first …

The economic significance of a patent depends on its scope: the broader the scope, the
larger the number of competing products and processes that will infringe the patent. Many …

In eBay v. MercExchange,* the Supreme Court correctly rejected the Federal Circuit's
general rule requiring that a permanent injunction follow from a finding that a patent is valid …

Patent litigation is notoriously expensive, but tw patents are ever litigated Among the fraction
that are, only a small group dubbed the" most litigated patents" by Allison, Lemley & Walker …

Non–practicing entities (NPEs), some of which are also labeled patent assertion entities or
“patent trolls,” play a disputed role in our modern patent system. These entities, which do not …

This Article analyzes patent mistakes-that is, mistakes made by the patent system when it
decides whether a particular invention has met the patentability requirements. These …

For more than two decades, the Patent and Trademark Office (PTO) and the Federal Circuit
have exercised nearly complete institutional control over the patent system. Yet in recent …

In recent years the patent system has come under trenchant criticism. There is a general
consensus that the system is both broken and a failure. 1 Many be-lieve the root cause of the …

The United States Court of Appeals for the Federal Circuit (Federal Circuit) has been
recognized as" perhaps the single most significant institutional innovation in the field of …

Inventions are often difficult to describe in words,'and patents 2 often contain technical
information intertwined with legal meaning, making patent claims more difficult to interpret …