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Works of fiction sometimes contain disclosures of inventions that operate as a bar to patentability, preventing inventors who actually make those inventions from subsequently patenting them. This is because the fictional disclosures effectively destroy the novelty of the inventions or render...
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Product designs can be protected under all three of the patent, trademark, and copyright laws. This is because product designs comprise original ornamentation, can serve as indicators of source in the marketplace, and constitute works of art in their own right. This paper juxtaposes the three...
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In eBay, Inc. v. MercExchange, LLC, the Supreme Court put an end to the practice of presuming that injunctive relief is appropriate upon a finding of patent infringement, where it held that "the decision whether to grant or deny injunctive relief rests within the equitable discretion of the...
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