Library Search
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The Impact of Non-Traditional Patent Litigation on Cost/Benefit Analysis ( June 2003 )
When a company receives a cease-and-desist letter, the most dreaded question that intellectual property counsel must answer is, "What is this patent suit going to cost us?" While a traditional cost-benefit analysis may be used to calculate the settlement value of a case, the evolution of unorthodox twists in traditional patent litigation may affect your answer and change the valuation of the case and the possibility of settling at an early stage. -
The Looming Crisis Over the Research Use Exception To Patent Infringement: What Madey Taught Duke University ( January 2003 )
<i>Madey v. Duke</i> promises to set off a lively debate about the direction of research at federally funded universities and in particular the role of patents both to protect the intellectual property wealth of such institutions but also the very right to continue to function as research institutions, free from third party patent problems. The confirmation by the court that a nonprofit or other university enjoys no special privilege or experimental use exemption to conduct testing or research guarantees that in the 108th Congress there will be a reconsideration of earlier attempts to provide a statutory research exemption. -
Proof of Equivalence After Festo ( December 2002 )
An accused product or process that does not literally infringe a claim may still infringe under the doctrine of equivalents if each limitation of the claim is met by the accused product or process either literally or equivalently. In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 122 S. Ct. 1831 (2002), the Supreme Court reaffirmed the vitality of the doctrine of equivalents, stating that "equivalents remain a firmly entrenched part of the settled rights protected by the patent." -
Patent Infringement Claims for Use of Association Standards Lead to Fraud Verdict ( August 2001 )
A federal court in Richmond, Va., recently awarded a $350,000 judgment against Rambus Inc., a computer chip designer, for committing fraud against Infineon Technologies AG in the context of the standards setting process of the Joint Electronic Devices Engineering Council, a nonprofit association. -
Warning: The Federal Circuit Has Determined That Your Notice of Infringement May Be Dangerous to Your Venue ( September 1999 )
Recent decisions by the U.S. Federal Circuit Court of Appeals may dictate a change in the customary practice of gi. -
An Overview of Section 337 Actions in the ITC ( August 1999 )
This paper includes a brief overview of the procedures involved in instituting and prosecuting an ITC investigation, followed by a discussion of the relative merits of bringing a Section 337 action in the ITC instead of the federal district courts. A review of recent case law developments related to ITC practice is then presented. Finally, key changes wrought by the 1994 Amendments to Section 337 are revisited. -
Biotech Collaborations and Maximizing Patent Protection: Two Hypotheticals ( August 1999 )
The benefit of having an earlier filing date than the competition usually warrants filing a patent application soon after an initial discovery is made. However, due to the basic nature of Biotech research, an initial discovery is often less important commercially than later discovered improvements. -
Avoiding a Jury Trial on the Issue of Infringement Under the Doctrine of Equivalents ( September 1997 )
This article provides a detailed discussion of the Sage Products case and the CAFC's decision. It also describes some of the issues which companies should consider when evaluating the potential risks of a jury trial on the issue of infringement under the doctrine of equivalents. -
Out of the Frying Pan and into the Fire--A Patent May Survive an Attack on Enforceability Only to be Declared Invalid ( August 1998 )
This article discusses the case of the case of Baxter International, Inc. v. McGaw, Inc. as it pertains to the guidelines which companies should now consider when evaluating the validity and enforceability of a U.S. patent.