One objective of the patent litigation system is to screen meritorious from non-meritorious patents and invalidate the latter. While much of this screening may occur at trial, some amount of targeting may take place at the time of the filing of the suit itself. In this chapter, we assess the...

Judges, not juries, typically decide questions of law. Likewise, it is judges who usually review the legality of actions taken by government agencies. And when judges or juries decide fact-laden issues in civil litigation, those decisions commonly receive deference on appeal. Patent law,...

Deciding a patent's validity is costly, and so is deciding it incorrectly. Judges and juries must expend significant resources in order to reach a patent validity determination that is properly informed by the relevant facts. At the same time, patent validity determinations reached quickly and...

The judiciary fulfils a central role in relation to intellectual property enforcement. The EU Commission's public consultation of December 2015 contains a specific subsection devoted to specialized courts, asking whether legal action at a court specialized in intellectual property provides an...

Standards are of fundamental importance in our economy and competition law has an important role to play in ensuring that standard setting procedures are not distorted so as to result in negative effects on technological progress and social welfare. The Court of Justice in Huawei ruled on the...

Healthy organisms inevitably produce cancer cells, and vibrant patent systems inevitably let bad patents slip through. These patents are harnessed by entities that leverage the uncertainty and expense of litigation to extract licenses from technological practitioners. Postissuance patent review...

In eBay Inc. v. MercExchange, L.L.C. (2006), the Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and that therefore the mere fact a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue....

Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases differs so markedly not only from traditional legal...

Russian Abstract: Статья посвящена анализу методов ведения бизнеса посреднических патентных холдингов, также называемых в последнее время патентными агрегаторами....