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Modernization of Patent Law” (Zweites Patentrechtsmodernisierungsgesetz) took effect and modified the German Patent Act (GPA) in … the claim to an injunction in case of patent infringement to the extent such injunction would result, due to the … infringer or third parties that would be disproportionate and not justified by patent exclusivity. Second, § 139(1)(3), (4) GPA …
Persistent link: https://www.econbiz.de/10014076502
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
Much has been written about patent trolls and the detrimental effects they have on the patent system. Legal and … legislative attempts have been made to curb patent trolls. However, there is considerable confusion over who is actually a patent … to discourage strategic patent non-practice. This work first examines the goals of the patent system and the difficulties …
Persistent link: https://www.econbiz.de/10014133836
to limit liability to situations when there is proof that a FRAND-encumbered SEP holder has engaged in patent “holdup,” i …). The Draft Amendment specifies that seeking injunctive relief to enforce a standard essential patent (SEP) encumbered by a … deter any instances of anticompetitive patent holdup that might arise; indeed, an AMA sanction is likely to reduce …
Persistent link: https://www.econbiz.de/10013016119
In 2013, in Kirtsaeng v. John Wiley & Sons, the Supreme Court wrote another chapter in the ongoing story of copyright exhaustion. This decision is part of a series of recent decisions in high-profile cases and a vibrant discourse, domestically and internationally, regarding the scope of...
Persistent link: https://www.econbiz.de/10014145914
diminish the value of patent-related commitments made by participants. In these cases, the intervention of public law …
Persistent link: https://www.econbiz.de/10012964462
Statement and Licensing Declaration, patent owners declare that they are “prepared to grant irrevocable licenses…”. In this … that a patent owner’s obligation to ETSI should be capable of performance and discharge despite a lack of implementer … lack of performance on the part of patent owners …
Persistent link: https://www.econbiz.de/10014244594
adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an … Qualcomm and ARM are used to exemplify different market and industry norms regarding patent licensing. The main findings … suggest that rote use of procedural rules such as the smallest saleable patent practicing unit (SSPPU) and entire market value …
Persistent link: https://www.econbiz.de/10014092575
The current Japanese Patent Act has set forth special provisions on the calculation of damages since the time of its … 102, paragraph (1) of the Patent Act was introduced, and the wording of paragraph (3) of that Article was revised. However … level. In addition, in 2019, Article 102 of the Patent Act was amended again. With such progress, the developments …
Persistent link: https://www.econbiz.de/10013236912