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Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...
Persistent link: https://www.econbiz.de/10013085735
its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI … technologies likely will lead to an increase in AI-related patent litigation, and the introduction of a nonhuman actor into a … traditional patent infringement analysis means that litigants will face unique issues stemming from the dynamic nature of AI …
Persistent link: https://www.econbiz.de/10013314386
Switzerland is about to implement a completely new patent litigation system, following the establishment of a new … specialized federal patent trial court and the replacement of twenty-six cantonal codes of civil procedure with a single uniform … important features of the new Swiss patent litigation system …
Persistent link: https://www.econbiz.de/10014184172
vaccines are claimed in myriad – not Myriad – patents and patent applications, many of which are destined to be litigated over … their owners. While the world waits for this storm of patent litigation, federal courts continue to be busy with ownership … as top tens compiled by others. However, to quote an expression commonly heard in courts hearing patent cases, à chacun …
Persistent link: https://www.econbiz.de/10014255494
Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust … law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold … that the patent is actually valid and infringed, and parties have incentives to structure reverse payment settlements to …
Persistent link: https://www.econbiz.de/10014167001
context of the Patent and Trademark Office (PTO). We first suggest that the PTO's historical fee schedule and its reliance on … patent grantees to subsidize patent applicants exposes the Agency to a risk that its obligatory costs will fall out of … explored the PTO's inflationary granting response, this paper draws on novel patent-processing data and presents evidence …
Persistent link: https://www.econbiz.de/10013035339
Since the mapping of the human genome and the technical innovations in the field of biotechnology, patent law has gone … legislative acts and judicial decisions, ensuring a fair balance between the interests of patent right holders and third parties … shaping the patent policy on an international level are the patent offices of the United States of America, Japan and the …
Persistent link: https://www.econbiz.de/10014156987
The prevailing historical accounts of the formation of the US aircraft “patent pool” in 1917 assume the US government … necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be … no patent barriers in the market dominated by government demand. We show that the notion of the aircraft patent hold …
Persistent link: https://www.econbiz.de/10014151640
.” Where a patent applicant promises a certain utility to their invention, their application must demonstrate or soundly …
Persistent link: https://www.econbiz.de/10014126576
powerful strategic tool: the offers that he makes to the patent holder will affect the royalty rate that the Court may adopt as … availability of injunctions, the holder of a sufficiently weak patent will end up accepting below FRAND rates, in particular when … sufficiently strong patent will always end up in litigation by rejecting offers below FRAND. This arises in particular when the …
Persistent link: https://www.econbiz.de/10009712485