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Persistent link: https://www.econbiz.de/10013344816
Patent trolls have many faces, since the media uses this expression in various ways. The patent troll phenomenon thus seems to be an ambiguous term that is discussed in several directions. This paper reveals that a patent troll as such has no distinct shape or appearance. Our analysis redeems a...
Persistent link: https://www.econbiz.de/10013094123
The rule of reason adopted for resale price maintenance in the Supreme Court's Leegin decision, which upset the century old Dr. Miles rule of per se illegality, requires some reconsideration of a number of issues about antitrust treatment of RPM. Under the old per se rule, bona fide...
Persistent link: https://www.econbiz.de/10013094349
Twice in the last two years the Supreme Court of Canada, in the absence of legislative guidance from Parliament, has been called upon to resolve fundamental conflicts in applying the provisions of the Patent Act to unique characteristics of biotechnological innovations, particularly in relation...
Persistent link: https://www.econbiz.de/10013094582
Once a joint domain of inertia and arcana, questions about remedies for patent infringement now generate heated public debate. A recent Supreme Court decision has spawned conflicting answers from courts and commentators about when courts should issue injunctions forbidding continued...
Persistent link: https://www.econbiz.de/10013095110
The objective of the study was to determine: (1) whois eligible to use and benefit from the U.S. government's licenses tobiomedical inventions created under federally sponsored research, (2) theextent to which the government holds licenses to those biomedical inventions itprocures or uses most...
Persistent link: https://www.econbiz.de/10013095331
Patent information - as a form of technology disclosure - serves an important function in business strategy as well as in industrial policy making. This study first discusses the role of patent information for technology disclosure before showing the rising importance of patents in Asia (Japan,...
Persistent link: https://www.econbiz.de/10013095528
In KSR International, the U.S. Supreme Court rejected the Federal Circuit's rigid application of “teaching, suggestion, or motivation” test (TSM test), and replaced it with an “expansive and flexible” approach, in determining the question of obviousness. Nevertheless, an expansive and...
Persistent link: https://www.econbiz.de/10013095605
A number of methods exist for valuing a patent in order to license it to an external party. Several of these methods are well accepted in academic circles, others are merely tolerated as expedient. None of the existing methods, however, appears poised to easily accommodate software patent...
Persistent link: https://www.econbiz.de/10013095752