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A new one-credit course on IP and patent application drafting was offered at Auburn University jointly by the authors in spring 2009. The course started with a target of 15 students. Within 1 week of its announcement, the course was oversubscribed; the class was filled within a week of its...
Persistent link: https://www.econbiz.de/10013038002
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
patent ownership are used to assess whether the new regime can help or hinder SMEs and the states in which they are based … that is introduced in the absence of a federation of states. Although there are always costs and benefits in such a system … within member states, and between them and non-EU states …
Persistent link: https://www.econbiz.de/10012834178
The US patent system is a foundation of our nation's economy, encouraging innovation and growth. The exclusive right to use and license an invention provides numerous benefits to its inventor and to the broader economy. The patent system is not costless, however, and significant costs stem from...
Persistent link: https://www.econbiz.de/10012907331
Licensing Intellectual Property rights generates revenue for the owners of such rights. Bundling IP rights in a single license can generate more revenue. Patent rights and trade secret rights are somewhat conflicting IP rights. Combined licenses issued for using both patent rights and trade...
Persistent link: https://www.econbiz.de/10012890566
Clinical research faces a reproducibility crisis. Many recent clinical and preclinical studies appear to be irreproducible; their results cannot be verified by outside researchers. This is problematic for not only scientific reasons but legal ones: patents grounded in irreproducible research...
Persistent link: https://www.econbiz.de/10012969989
Under pre-2016 Federal Circuit case law interpreting 35 U.S.C. §289, enforcement of design patents appeared potentially quite lucrative. A primary draw was the remedy of an infringer's total profits on its sales of an entire product, even though only some but not all design features of the...
Persistent link: https://www.econbiz.de/10012977732
Persistent link: https://www.econbiz.de/10012979721
Traditional patent law theories teach that a patent's rights of exclusion are a patent's key benefit to the patentee and are necessary to make the patent system work. Yet patentees are increasingly giving away such rights, in whole or in part, as part of a growing phenomenon: patent pledges. In...
Persistent link: https://www.econbiz.de/10013003514
This Article summarizes more detailed work done elsewhere and argues that after more than a decade of disjointed application and discussion regarding eBay's precedent, it is time to add clarity to remedies for patent cases. Part I chronicles the history of the eBay case and the party and...
Persistent link: https://www.econbiz.de/10012858782