Showing 1 - 10 of 1,433
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
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find …
Persistent link: https://www.econbiz.de/10013075267
Congress “repeatedly stated [that] its paramount goal” in having inter partes review (IPR) before the Patent Trial and … a patent's validity.” Duplicative patent challenges within and across IPRs and district court litigation is the focus of …
Persistent link: https://www.econbiz.de/10012953200
The progression toward reevaluating patent validity in the administrative, rather than judicial, setting became overtly … substitutionary in the America Invents Act. No longer content to encourage court litigants to rely on Patent Office expertise for … emergent border between court and agency power in the U.S. patent system. By design, the border is not absolute. Concurrent …
Persistent link: https://www.econbiz.de/10012899895
We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find …
Persistent link: https://www.econbiz.de/10010128711
the analysis away from the gap between the prior art and the invention to the invention only. The Patent Office, the … technologies, and conflicts with basic patent theory. Accordingly, the Patent Office and courts need to reconsider how they use …
Persistent link: https://www.econbiz.de/10014154281
Although patent litigation has become increasingly global, with litigants earning billion-dollar verdicts and seeking … litigants are increasingly drawn, and to which policy makers interested in harmonizing the U.S. patent system look in vain for … database including nearly 9,000 patent suits from seven of the largest and most judicially-active countries in the European …
Persistent link: https://www.econbiz.de/10014042668
under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the … implications for patent protection in the EU. It examines whether the Court’s jurisprudence on the direct effect and interpretation … of the substantive patent provisions of the TRIPS Agreement is good law in the post-Lisbon era, arguing that the Court …
Persistent link: https://www.econbiz.de/10014167785
Based on a survey of the inventors of 9,017 European patented inventions, this paper provides new information about the characteristics of European inventors, the sources of their knowledge, the importance of formal and informal collaborations, the motivations to invent, and the actual use and...
Persistent link: https://www.econbiz.de/10010441539
This paper argues that the consequences of the ‘fragmentation’ of the European patent system are more dramatic than the … mere prohibitive costs of maintaining a patent in force in many jurisdictions. First, detailed analysis of judicial systems …‐level competition policy and granting authority ultimately facing national jurisdictional primacy on patent issues. These high degrees …
Persistent link: https://www.econbiz.de/10003820846