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patent claim construction decisions by the U.S. district courts. Because claim construction often determines the outcome of … patent litigation, the high appellate claim construction reversal rate contributes to significant uncertainty among inventors … patent judges so as to reduce this unacceptably high reversal rate. This article concludes that designation of specialist …
Persistent link: https://www.econbiz.de/10014047590
a party to the Unified Patent System regardless of Brexit, the British government arguably shaped (il … the judicial protection of the forthcoming Unified Patent Court as much as of the European institutions (and market) as a … anticipate possible scenarios in the event of both domestic court and international arbitral claims lodged by patent investors …
Persistent link: https://www.econbiz.de/10014032315
As an economist, I find the current state of the law regarding damages for patent infringement – most particularly that … relating to apportionment – frustrating at best and woefully incomplete at worst. Namely, damages case law for utility patent … rule (EMVR) versus the smallest salable patent practicing unit (SSPPU) principle. The modern pair of EMVR and SSPPU options …
Persistent link: https://www.econbiz.de/10012963876
This paper assesses the impact of adopting a post-grant review institution in the US patent system by comparing the … 'opposition careers' of European Patent Office (EPO) equivalents of litigated US patents to those of a control group of EPO … employing these different methods in our data analysis. We find that EPO equivalents of US litigated patent applications are …
Persistent link: https://www.econbiz.de/10010366523
In their animated book 'The Patent Crisis and How the Courts can Solve It', Dan Burk and Mark Lemley give an account of … industry specific differences in the patent system from both a legal and economic perspective. The present article attempts to … that current European patent law holds substantial potential for technology-specific application. Even though the European …
Persistent link: https://www.econbiz.de/10014188440
This survey of recent developments includes reports on the new Rotterdam Rules intended to govern claims of damage or loss for goods carried by sea under bills of lading and new Institute Cargo Clauses for use in policies of marine insurance. Reports are also offered on the cases of Transfield...
Persistent link: https://www.econbiz.de/10013134084
Persistent link: https://www.econbiz.de/10012897283
The second (known) PPSA case has been decided. Like Carson, Re Hastie Group Ltd. (No. 3) (Hastie), reported by Phillip Pan and Cameron Mew in their article, “Balancing of Objectives and Interests in an Administration Under PPSA — the Hastie Group Case,” in the September issue, this case...
Persistent link: https://www.econbiz.de/10013080296
This paper is a case note on Ilott v Mitson [2015] EWCA Civ 797. The judgment concerns the appropriate remedy following a successful claim by an estranged adult daughter under the Inheritance (Provision for Family and Dependants) Act 1975. The charities who were named in the mother’s will have...
Persistent link: https://www.econbiz.de/10014126851
Judges wield discretion when ruling on all manner of legal and equitable issues. For centuries, judges have relied on their discretion when considering whether an equitable defense barred actions seeking legal relief. As part of that process, courts have incorporated many equitable defenses into...
Persistent link: https://www.econbiz.de/10012823188