Causal Responsibility and Patent Infringement

D Karshtedt - Vand. L. Rev., 2017 - HeinOnline
Cases in which more than one party is involved in infringing a patent embody one of the
most vexing areas of patent law. These multi-party problems become particularly salient …

Is Copyright Infringement a Strict Liability Tort?

PR Goold - Berkeley Tech. LJ, 2015 - HeinOnline
Scholars and lawmakers routinely refer to copyright infringement as a strict liability tort. The
strictness of copyright liability has long been criticized as immoral, inefficient, and …

The Field of Invention

S Vishnubhakat - Hofstra L. Rev., 2016 - HeinOnline
The balance of power between the administrative state and the federal courts as guardians
of the US innovation system is in significant transition. Amid growing dissatisfaction with the …

Patent Accidents: Questioning Strict Liability in Patent Law

PR Goold - Ind. LJ, 2020 - HeinOnline
In 1999, a Canadian company, Research in Motion (RIM), launched the Blackberry e-mail
pager.'The pager was an instant commercial success amongst businesspeople and …

Infringement, Unbound

SRW Rajec - Harv. JL & Tech., 2018 - HeinOnline
Patents are intended to strike a delicate balance-to encourage innovation by rewarding past
invention without unduly hindering future progress. 1 In order to achieve this balance, patent …

Patent Infringement as Trespass

AJ MacLeod - Ala. L. Rev., 2017 - HeinOnline
The now-conventional account of patent law holds that infringement is a strict liability
offense, meaning that intent is not an element of an infringement claim. This account …

The Antitrusting of Patentability

S Vishnubhakat - Seton Hall L. Rev., 2017 - HeinOnline
Just as the antitrust system seeks to penalize anticompetitive conduct while leaving
procompetitive conduct alone, the patent system seeks to deny patents to inventions that are …

Generic Drugs and the Future of" Skinny Labels"

JA Bell - Harv. JL & Tech., 2021 - HeinOnline
In July 2014, international pharmaceutical giant GlaxoSmithKline (GSK) sued the generics
company Teva Pharmaceuticals (Teva) for induced infringement of patents related to the …

Consumers Liability for Patent Infringement

P Sun - J. Pat. & Trademark Off. Soc'y, 2023 - HeinOnline
Traditionally, courts categorize patent infringement liability into direct and indirect
infringement. The parties who make, use, offer to sell, or sell patented inventions without …

Intentionality in Trade Secret Law

CT Graves - Berkeley Tech. LJ, 2024 - HeinOnline
Trade secret law places more scrutiny on a party's intent-what it was thinking, what it
considered, or what it should have considered-than other categories of intellectual property …