I propose a partial defense of patent law’s absolute liability rule. This rule makes it irrelevant whether an …. Potential patent infringement defendants – a class that includes virtually all people and companies performing research and … copying, thereby reducing the risk of legal liability. That would be bad. Technological communities thrive on ubiquitous and …

strict liability in patent infringement cases. Assuming the primary value of patent law is utilitarian, the Article poses the … reforms to the liability rule in direct patent infringement cases. Defendants should be liable for accidental patent …Accidental infringement of patent rights is a pervasive and growing problem in the Information Age. As IP rights …

Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the … (2) judicial reluctance to apply the strict liability standard of patent and copyright law to individuals as opposed to …

patents. The reasoning for this advice: if there is no pre-suit knowledge of a patent, then it is nearly impossible for a … patent holder to prove that enhanced damages are warranted. Pre-suit knowledge is a prerequisite for a finding of willful … infringement, which is itself a prerequisite for awarding enhanced damages. The median patent damages award is around ten million …