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...

A centralized and federal patent system in the EU changes economic and constitutional law structures by creating a ‘nationalized' international patent. As the underlying economic policy has concentrated on the development needs of small and medium-sized enterprises (SMEs), accounting for 99%...

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...

Notice of intellectual property content, ownership, boundaries, scope of rights (and limitations), enforcement institutions, and remedial consequences plays a central role in resource planning and other economic and social functions. This chapter examines the function, design, and economic...

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...

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...

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...

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...

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...