Reining in Remedies in Patent Litigation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reining in Remedies in Patent Litigation write by Thomas F. Cotter. This book was released on 2013. Reining in Remedies in Patent Litigation available in PDF, EPUB and Kindle. This essay, which builds on my recent work on the law and economics of comparative patent remedies, presents three proposals relating to the enforcement of domestic patent rights. The first, which may be close to being adopted in the United States, is for the courts and the International Trade Commission (ITC) to adopt a general presumption, grounded in patent law and policy, that patent owners who have committed to license their standard essential patents (SEPs) on fair, reasonable, and nondiscriminatory terms are not entitled to permanent injunctions or exclusion orders, but rather only to a damages in the form of an ongoing royalty calculated on the basis of what a reasonable licensor and licensee would have agreed to prior to the adoption of the standard in question. Countries such as Germany that have addressed the issue of remedies for the infringement of SEPs within the context of competition law, while otherwise leaving in place an almost-automatic entitlement to permanent injunctive relief, have in my view taken the wrong tack. Second, I argue that Congress should amend Patent Act § 289, which permits design patent owners to recover the infringer's profits, so as to require that such awards reflect only the profit derived from the use of the infringed design (and not the entire product of which the design is a part). Such apportionment is the norm in other countries (and in U.S. copyright and trademark law). By contrast, the archaic U.S. design patent rule threatens substantial overdeterrence and overcompensation, as reflected in the recent jury award in Apple v. Samsung. My third suggestion -- really more of a thought experiment inspired by Judge Posner's opinion in Apple v. Motorola than a serious proposal for reform -- is to consider whether it would be possible to eliminate the unique U.S. practice of trial by jury in a wide swath of U.S. patent cases by statutorily recasting awards of reasonable royalties as a form of equitable restitution rather than as compensation.
Infringement of the United States Patent Right
Infringement of the United States Patent Right - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Infringement of the United States Patent Right write by Richard T. Holzmann. This book was released on 1995-08-30. Infringement of the United States Patent Right available in PDF, EPUB and Kindle. Dr. Holzmann introduces the manager and technologist as well as the student and the foreign patent practitioner to the United States Law of Patent Infringement. Dr. Holzmann directly addresses what to do when a patent is being infringed. The author explains and interprets the intricacies of the patent law and provides a strong basis of understanding future changes in patent law. This valuable volume should appeal to academics and students of law, attorneys specializing in corporate law, patent attorneys, CEOs in technical firms, and CEOs of foreign corporations.
Patent Remedies and Complex Products
Patent Remedies and Complex Products - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Patent Remedies and Complex Products write by C. Bradford Biddle. This book was released on 2019-06-27. Patent Remedies and Complex Products available in PDF, EPUB and Kindle. Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Patent Infringement Remedies
Patent Infringement Remedies - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Patent Infringement Remedies write by Lawrence M. Sung. This book was released on 2004. Patent Infringement Remedies available in PDF, EPUB and Kindle.
Patent Law Injunctions
Patent Law Injunctions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Patent Law Injunctions write by Rafał Sikorski. This book was released on 2018-11-27. Patent Law Injunctions available in PDF, EPUB and Kindle. In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.
