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Author: C. Bruce Hamburg
Publisher: Clark Boardman Callaghan
ISBN:
Category : Fraud
Languages : en
Pages : 854
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Book Description
Author: C. Bruce Hamburg
Publisher: Clark Boardman Callaghan
ISBN:
Category : Fraud
Languages : en
Pages : 854
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Book Description
Author: Richard T. Holzmann
Publisher: Bloomsbury Publishing USA
ISBN: 0313035725
Category : Business & Economics
Languages : en
Pages : 248
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Book Description
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.
Author: David O. Taylor
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Several recent judicial opinions suggest that patent law's inequitable conduct doctrine is broken. These opinions indicate that - despite its admirable objective of encouraging disclosure of important information to the Patent Office - the inequitable conduct defense is being over-used by alleged infringers in patent litigation to the detriment of the public. This over-use creates problems. First, it encourages over-disclosure of information to the Patent Office. In extreme cases, over-disclosure makes it difficult for patent examiners to identify information critical to deciding whether to issue patents, potentially resulting in the issuance of invalid patents. Second, over-use of the inequitable conduct defense unnecessarily increases costs associated with enforcement of patents. Costs to inventors, to the court system, and ultimately to the public itself all increase dramatically with each allegation of inequitable conduct. These problems with the inequitable conduct doctrine threaten the very purpose articulated in the patent clause in the Constitution - the promotion of the progress of science and useful arts. This article analyzes the inequitable conduct doctrine and proposes a reform that would alleviate its present problems. “Patent fraud” should replace the current doctrine of inequitable conduct.
Author:
Publisher:
ISBN:
Category : Fraud
Languages : en
Pages : 364
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Book Description
Author: Alan R. Thiele
Publisher: American Bar Association
ISBN: 9781604427172
Category : Patent infringement
Languages : en
Pages : 360
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Book Description
This practical book provides a well considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation. However, because not all patent infringement litigation can be avoided, the second part of this important book explains how to manage patent infringement litigation should it become necessary.
Author: Eugenio Hoss
Publisher:
ISBN: 9783848761340
Category : Law
Languages : en
Pages : 335
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Book Description
In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strictand often criticizedduty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.
Author:
Publisher:
ISBN:
Category : Fraud
Languages : en
Pages : 352
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Book Description
Author: Richard H. Stern
Publisher:
ISBN:
Category : Intellectual property
Languages : en
Pages : 4
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Book Description
Author: Robert L. Harmon
Publisher: BNA Books (Bureau of National Affairs)
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 1240
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Book Description
Author: T. Leigh Anenson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article critiques the Federal Circuit's en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. on the issue of inequitable conduct in light of its origins in equity and unclean hands. It finds that the Therasense majority renounced the doctrine's heritage and reinvented the defense purely on policy grounds. Although the majority still called cheating in obtaining a patent monopoly inequitable conduct, there is little equity left. By revisiting the equitable doctrine of unclean hands, this Article provides critical guidance in the future adjudication of inequitable conduct. It evaluates what the defense could--and should--mean within the context of equity principles and patent remedy policies. In particular, we criticize the Therasense majority for deviating from the tradition of equity by, among other things, relying on common law as opposed to equitable (constructive) fraud. The court justified its restriction of inequitable conduct because it claimed that the defense's equitable nature had caused controversy. Yet we discover that the court of appeals had departed from historic equitable principles and constraints before that decision. In fact, the Federal Circuit would have likely never been in its current predicament with the defense had it followed the tradition of equity. We show that the court had long ago uprooted the defense from its equitable foundation. This occurred in various ways, from adding unnecessary complexity to the inequitable conduct inquiry by multiplying its tests and failing for a time to use an abuse of discretion standard and other inconsistencies with appellate review, to expanding the defense beyond its frontiers to bar all cases and patent claims. We also advise that the unclean hands defense traditionally applies only to equitable relief. While the literature on inequitable conduct is extensive, no one has examined inequitable conduct from its equitable tradition. Therefore, this article fills an essential gap in the scholarship on an issue of systemic importance.
