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Economists, legal scholars and policy makers are concerned about the impact of patent litigation on the rate and … direction of US innovation and on the functioning of the US intellectual property system. At this time, however, there is no … reliable, comprehensive, free and publicly accessible source of patent litigation data. As a first step towards overcoming this …
Persistent link: https://www.econbiz.de/10012959985
actually infringing a valid patent or that there is a threat of infringement through the proceeding for litigation on the … the patent was granted. Punitive damages are not awarded. A patentee may rely on one of the following three methods for …
Persistent link: https://www.econbiz.de/10012909089
Patent enforcement in Italy benefits from a wide choice of available relief, both within preliminary proceedings and on …
Persistent link: https://www.econbiz.de/10012909094
) infringement;• A declaration that the defendant and/or the defendant's product infringes the patent• Recall orders • Orders for …) costs of the litigation (including lawyers' fees, and costs of European Patent Attorneys and experts) …
Persistent link: https://www.econbiz.de/10012909097
Under German law, the following main reliefs against the infringer are generally available:• A cease and desist claim.• A compensatory damages claim (no punitive damages are available; the claimant may choose from three different methods for calculating damages, namely own lost profits,...
Persistent link: https://www.econbiz.de/10012909100
The twenty-first century “patent litigation explosion” is not unprecedented. In fact, the nineteenth century saw an … even bigger surge of patent cases. During that era, the most prolific patent enforcers brought hundreds or even thousands … more patent litigation, per U.S. patent in force, than the entire United States in 2013. Even the absolute quantity of late …
Persistent link: https://www.econbiz.de/10013002776
Enforcing intellectual property rights abroad is difficult. International treaties have generally not created directly enforceable IP rights. Usually, the protection they confer cannot be directly invoked in national courts. Because of the territorial nature of IP protection, right holders must...
Persistent link: https://www.econbiz.de/10013051256
This short piece focuses on the growing role that that end users are playing in our patent system. It highlights that … become involved in the patent dispute relatively late in the life of the patent. The paper proposes inclusion of end user … end users in patent litigation …
Persistent link: https://www.econbiz.de/10013024277
The America Invents Act of 2011 (“AIA”) created a robust administrative system—the Patent Trial and Appeal Board (“PTAB …”)—for challenging the validity of granted patents. Congress determined that administrative correction of errors made in initial patent … grants could be cheaper and more scientifically accurate than district court litigation over patent validity.In terms of …
Persistent link: https://www.econbiz.de/10013217065
handle patent cases in the federal courts, focusing on appellate litigation at the Federal Circuit and the Supreme Court …. Drawing on two original datasets, the article finds that, over the past decade, 87.4% of oral arguments in patent appeals at …, more than 90% of arguments in Supreme Court patent cases have been delivered by male attorneys. The typical explanation for …
Persistent link: https://www.econbiz.de/10013220508