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Torrance, Andrew W. - 2014

Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...

Persistent link: https://www.econbiz.de/10013070323

Finding Lost Profits : An Equilibrium Analysis of Patent Infringement Damages

Anton, James J. - 2015

We examine the impact of patent infringement damages in an equilibrium oligopoly model of process innovation where the choice to infringe is endogenous and affects market choices. Under the lost profits measure of damages normally employed by U.S. courts, we find that infringement always occurs...

Persistent link: https://www.econbiz.de/10012707604

Property Rules, Liability Rules, and Patents : One Experimental View of the Cathedral

Torrance, Andrew W.; Tomlinson, Bill - 2015

In their seminal 1972 article, "Property Rules, Liability Rules, and Inalienability: One View of the Cathedral," Guido … liability rules. Their article has become one of the cornerstones of modern legal scholarship, and the influence of the theory … explored experimentally. To remedy this knowledge gap, we conducted a series of controlled experiments on liability and …

Persistent link: https://www.econbiz.de/10014173756

Patenting Human Evolution

Torrance, Andrew W. - 2008

Patent protection for genetic enhancements would tend to spur genetic innovation, but would tend to limit access to those genetic enhancements through discriminatory mechanisms such as price and favoritism. The patent system would likely ensure high rates of genetic enhancement innovation,...

Persistent link: https://www.econbiz.de/10014212948

Beauty Fades : An Experimental Study of Federal Court Design Patent Aesthetics

Torrance, Andrew W. - 2020

Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...

Persistent link: https://www.econbiz.de/10014165060

Article III Standing vs. Covenant Not to Sue : Rather than Take Its Action to the Patent and Trademark Office, Already, LLC Petitions the Supreme Court to 'Just Do It'

Downing, William - 2013

.S. retailers to the fear of secondary liability. The issue became whether standing existed in the wake of Nike's covenant. The …

Persistent link: https://www.econbiz.de/10013085735

Of Artificial Intelligence and Patent Litigation

Tran, Jasper L. - 2021

Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at 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...

Persistent link: https://www.econbiz.de/10013314386

Biotechnology Patent Law Top Ten of 2021 Experimentation, Blaze Marks, and Unspecified Ranges

Noonan, Kevin; Torrance, Andrew W. - 2023

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents...

Persistent link: https://www.econbiz.de/10014255494

Solving the Patent Settlement Puzzle

Elhauge, Einer; Krueger, Alex - 2012

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...

Persistent link: https://www.econbiz.de/10014167001

On the Unified Patent Court and Its Legal Framework or, Please, Watch the A,B,Cies - The European Patent Organisation in the Large Europe : Transfer of State's Powers to the International Organisation

Butriy, Olena - 2017

The recent years in the European Union are characterised by various initiatives on internationalisation of the State's powers of the EU Member States. This internationalisation can have different scenarios. The scenario that dominates currently pending legislation initiatives implements an...

Persistent link: https://www.econbiz.de/10012941441