Strandburg, Katherine J. - 2015
It is time to update the idea of “patent fair use” to account for the evolution of technology and of inventive … paradigms in the years since O'Rourke's seminal proposal in 2000. A fair-use-type ex post approach to cabining patent … of “patent fair use 2.0” factors: 1) Is there a “justifiable” failure to purchase or license? 2) Did the infringer make a …