Patent invalidity versus noninfringement
RA Ford - Cornell L. Rev., 2013 - HeinOnline
Archers hate vibrations. An archer releasing a bowstring and firing an arrow unleashes a
great deal of force in a short time, much of which sends the arrow toward the target. Some of …
great deal of force in a short time, much of which sends the arrow toward the target. Some of …
Willful patent infringement and enhanced damages after In Re Seagate: an empirical study
CB Seaman - Iowa L. Rev., 2011 - HeinOnline
Willful patent infringement is a critical issue in patent litigation, as it can result in an award of
up to treble (enhanced) damages. In a 2007 decision, In re Seagate, the Federal Circuit …
up to treble (enhanced) damages. In a 2007 decision, In re Seagate, the Federal Circuit …
Inequitable Conduct and Walker Process Claims after Therasense and the American Invents Act
G Mark, TL Anenson - U. Pa. J. Bus. L., 2013 - HeinOnline
This Article examines the severe constriction of the inequitable conduct defense to patent
infringement accomplished in 2011 by the issuance of the Federal Circuit's decision in …
infringement accomplished in 2011 by the issuance of the Federal Circuit's decision in …
Rethinking Obviousness
CC Kennedy - Wis. L. REv., 2015 - HeinOnline
Congress brought significant change to United States patent law when it passed the Patent
Act of 1952.1 One of the most noteworthy elements of the Act was the codification of a …
Act of 1952.1 One of the most noteworthy elements of the Act was the codification of a …
A serendipitous experiment in percolation of intellectual property doctrine
What do we sacrifice when we put our faith in a specialized patent court? This article breaks
new ground by identifying and investigating a serendipitous natural experiment in the …
new ground by identifying and investigating a serendipitous natural experiment in the …
Clear but Unconvincing: The Federal Circuit's Invalidity Standard
DO Taylor - Fordham Intell. Prop. Media & Ent. LJ, 2010 - HeinOnline
ABSTRACT The Federal Circuit's standard for proving invalidity of patent claims is clear. The
Federal Circuit always requires clear and convincing evidence to prove that a patent claim is …
Federal Circuit always requires clear and convincing evidence to prove that a patent claim is …
Systemic bias in patent law
A Devlin - DePaul L. Rev., 2011 - HeinOnline
The ongoing patent debate displays all the hallmarks of interestgroup theory, given the
spectrum of diametrically opposed, selfinterested positions that different industries …
spectrum of diametrically opposed, selfinterested positions that different industries …
Patent Claim Obviousness in Jury Trials: Where's the Analysis
WA Demory - J. Bus. & Tech. L., 2011 - HeinOnline
THERE IS NO DOUBT THAT THE DRAMATIC INCREASE IN THE USE OF JURIES in patent
trials has affected the patent litigation landscape. Over the last thirty-five years, the …
trials has affected the patent litigation landscape. Over the last thirty-five years, the …
Lightening the Load: Whether the Burden of Proof for Overcoming a Patent's Presumption of Validity Should Be Lowered
K Dietly - Fordham L. Rev., 2009 - HeinOnline
It is just as important that a good patent be ultimately upheld as that a bad one be definitively
stricken. 1 The Patent Act is codified in Title 35 of the United States Code. 2 Section 282 …
stricken. 1 The Patent Act is codified in Title 35 of the United States Code. 2 Section 282 …
The Right of Trial by Jury in Patent Infringement Cases
BD Daniel - Rev. Litig., 2008 - HeinOnline
Two recent decisions of the United States Court of Appeals for the Federal Circuit have held
that a jury trial is not required to resolve particular issues in patent infringement …
that a jury trial is not required to resolve particular issues in patent infringement …