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Patent litigation is often called the “sport of kings.” While that phrase may not be appropriate for all patent … patent claims and even pile on unnecessary patents. Some of these claims may be well-founded. But so long as they can make a … colorable infringement argument, patentees typically include many weaker claims too. Likewise, patent defendants respond with …
Persistent link: https://www.econbiz.de/10014107114
Recent patent policy emphasizes the superiority of ex ante licensing over ex post patent assertion. Ex ante means … before costs are sunk by a patent defendant, so licensing at this stage avoids the leveraging of a defendant’s investments in … good, ex post bad) this Article defends patent litigation as a reasonable way to award compensation in the ex post (i …
Persistent link: https://www.econbiz.de/10014108082
derived from the infringement; and (e) a declaration that the patent is valid and has been infringed. Do note that the award … that either the patent is invalid in a relevant aspect or the patent is not infringed …
Persistent link: https://www.econbiz.de/10014110545
The right to a patent belongs to the inventor or to his successors in title and is transferable by any of the means set … not explicit or implicitly connected to the subject matter of the employment contract. If a patent has been granted to a … patent and its recordal on the Spanish Patent and Trademarks Office (SPTO), subject to a statutory limitation of two years as …
Persistent link: https://www.econbiz.de/10014110548
This is a survey of economic analysis of law, that is, of the emerging field under which the standard tools of microeconomics are employed to identify the effects of legal rules and their social desirability. Five basic subject areas are covered. The first is legal liability for harm. Here we...
Persistent link: https://www.econbiz.de/10014024839
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The global litigation of standard essential patents (SEP) is taking a new turn with the jurisdictional battle between national courts. Some courts have started issuing anti-suit injunctions (ASI) to prohibit parallel litigation and consolidate the dispute at a single venue, while others have...
Persistent link: https://www.econbiz.de/10013294833
The global litigation of standard essential patents (SEP) is taking a new turn with the jurisdictional battle between national courts. Some courts have started issuing anti-suit injunctions (ASI) to prohibit parallel litigation and consolidate the dispute at a single venue, while others have...
Persistent link: https://www.econbiz.de/10013298252
Persistent link: https://www.econbiz.de/10013349982
Persistent link: https://www.econbiz.de/10014456307