Patent infringement cases may be the very definition of “high-stakes litigation.” In addition to issuance of permanent injunctions and high-dollar damage awards, judges have discretion to award treble damages and attorney’s fees in patent cases. Judges may exercise this discretion when...

Several recent judicial opinions suggest that patent law’s inequitable conduct doctrine is broken. These opinions indicate that - despite its admirable objective of encouraging disclosure of important information to the Patent Office - the inequitable conduct defense is being over-used by...

The author comments on Sasha Hoyt’s work concerning the impact of the Supreme Court’s patent eligibility decisions on private investment in the development of medical diagnostic technologies. As Hoyt discusses, medical diagnostic technologies enable the diagnosis of diseases and other...

Justice Breyer leaves the Supreme Court having left a significant mark on patent eligibility law. In Mayo Collaborative Services v. Prometheus Laboratories, he eliminated the ability to obtain patents on many useful applications of new (and even breakthrough) discoveries. The author discusses...

Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which...

The year 2014 was an eventful one for intellectual property law. Every branch of government affected intellectual property law in one way or another. The Supreme Court ruled on several important intellectual property law cases; federal and state legislatures contemplated and enacted various new...

While the existence of patent assertion entities is not new, in recent years they have proliferated, spawning debate concerning their impact on the patent system and, more broadly, on technological innovation. Despite the fear that they instill in their targets — or perhaps because of it —...

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This file comprises the casebook...

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This file includes the cover,...

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This chapter of the casebook...