Patents, Property, and Prospectivity

JS Masur, AK Mortara - Stan. L. Rev., 2019 - HeinOnline
When judges change the legal rules governing patents, those changes are always
retroactive. That is, they apply equally to patents that have already been granted and patents …

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor to Do So

SM Auvil - Clev. St. L. Rev., 1993 - HeinOnline
The Patent Clause of the Constitution of the United States grants Congress the power to
afford to inventors a limited monopoly over their discoveries. 1 Congress acted on this …

The Rule of Reason and the Scope of the Patent

H Hovenkamp - San Diego L. Rev., 2015 - HeinOnline
The Rule of Reason and the Scope Page 1 HOVENKAMP PRINT (Do Noi DELETE) 10292015 11
L4ATVI The Rule of Reason and the Scope of the Patent HERBERT HOVENKAMP* TABLE OF …

The danger of underdeveloped patent prospects

M Abramowicz - Cornell L. Rev., 2006 - HeinOnline
Those who possess property for a limited time tend to exercise less care with it than do those
who expect to own the property in perpetuity. For example, an individual renting a car may …

Understanding the realities of modern patent litigation

JR Allison, MA Lemley, DL Schwartz - Tex. L. Rev., 2013 - HeinOnline
Sixteen years ago, two of us published the first detailed empirical look at patent litigation. In
this Article, we update and expand the earlier study with a new hand-coded data set. We …

A timing approach to patentability

JF Duffy - Lewis & Clark L. Rev., 2008 - HeinOnline
Two themes have dominated the law and scholarship concerning the standard for obtaining
a patent. First, ever since Graham v. John Deere Co., the core goal of the patentability …

Patenting Around Failure

SB Seymore - U. Pa. L. Rev., 2017 - HeinOnline
The US Patent and Trademark Office (Patent Office) is often criticized for issuing a large
number of questionable," bad," or low-quality patents. 1 Patent quality can be defined as" the …

The Layers of Obviousness in Patent Law

JC Fromer - Harv. JL & Tech., 2008 - HeinOnline
Patent law has been missing the obvious. Tasked with advancing innovation by awarding an
exclusive right to make or use certain inventions in exchange for their creation and …

What's So Special About Patent Law

M Goodman - Fordham Intell. Prop. Media & Ent. LJ, 2015 - HeinOnline
What's So Special About Patent Law? Page 1 What's So Special About Patent Law? Michael
Goodman* The widespread belief that patent law is special has shaped the development …

Defective Patent Deference

TN Narechania - Wash. L. Rev., 2020 - HeinOnline
The Supreme Court's implicit deference to the Office of the Solicitor General in patent cases
is well-documented: What the Solicitor General requests, the Solicitor General typically …