Library Search
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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. -
Patent Marking Requirements--Patented Articles Must be Marked as Patented in Order For Patentee to Recover Damages Due to Patent Infringement ( December 2002 )
Patented articles (products, devices, items, etc.) must be marked as patented if patentee is to be awarded damages resulting from infringement of the patent. The marking provisions of the patent statute are within 35 <i>U.S.C.</i> § 287(a). -
Holmes v. Vornado: A Restatement of the "Arising Under" Jurisdiction of Federal Courts ( November 2002 )
On June 3, 2002, the Supreme Court issued one of its most important decisions in decades construing the "arising under" jurisdiction of United States District Courts. In <u>Holmes Group, Inc</u>. v. <u>Vornado Air Circulation Systems, Inc</u>., seven Justices of the Court held that a civil action is not one "arising under" federal law - including federal patent, trademark, and copyright law - if the well-pleaded complaint of the plaintiff does not allege a claim whose resolution depends on a substantial question of federal law. -
Recent Decisions on Patent and Copyright Jurisdiction ( October 2002 )
The Court of Appeals for the Federal Circuit was created in 1982 as the court having exclusive appellate jurisdiction over appeals from a final decision of a district court "if the jurisdiction of that court was based on an action arising under federal patent law." Before the Federal Circuit was created, appeals went to the regional circuits (as they do for most cases), where the likelihood of success could vary significantly among circuits. Some circuits had a reputation for holding patents invalid much more often than other circuits. The Federal Circuit was supposed to bring uniformity to patent law. -
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. -
Federal Jurisdiction Extended Over State Business Tort Action Claims ( March 1999 )
The United States Court of Appeals for the Federal circuit in Hunter Douglas, Inc. v. Harmonic Design, Inc. recentl. -
Reviewing Competitor's Patents: Are There Risks? ( January 1999 )
The article discusses the implications of having advance knowledge of your competitors patents. -
Managing the Intellectual Property Lawsuit ( May 1998 )
It is easy to say that successful resolution of Intellectual Property disputes . -
Rights of Patent Owners Enhanced ( January 1996 )
You may hold a patent but have decided not to make, use or sell the patented device. In a recent case, the United. -
The Risk/Reward Factors of U.S. Patents ( January 1996 )
Damages awards in U.S. patent infringement cases have been recognized as reaching magnitudes rarely seen in other .