Add to ORKGThe law is clear that it is the plaintiff-patentee\u27s burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the defendant-infringer to provide rebuttal evidence. One consideration in this analysis is when findings of infringement can extend to the entire product line. Another matter considered in this paper is how the court deals with the confusion of goods and the commingling of records. This Article examines the various patent doctrines that may have some bearing on these issues, analyzes the relevant and analogous statutory law and case law, and, ultimately, pr...
In recent years, the U.S. Court of Appeals for the Federal Circuit made it increasingly difficult fo...
Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inve...
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of ...
The law is clear that it is the plaintiff-patentee\u27s burden to prove both infringement and damage...
It is not uncommon for multiple parties in the stream of commerce — manufacturers, distributors, end...
Part I of this article discusses the case law acknowledging the applicability of patent law preceden...
This Article examines the blurring of this interface in both the procedural and substantive cont...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article considers cases of divided patent infringement: those in which two or more parties coll...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
A party that causes another to infringe a patent may be liable for induced infringement. Recently, t...
Patent laws state that upon infringement, patentees are entitled to damages adequate to compensate ...
This essay responds to and builds on Economic Theory, Divided Infringement, and Enforcing Interacti...
In recent years, juries in some patent infringement suits have awarded prevailing patentees reasona...
Over the past fifty years, courts have developed a body of case law on patent remedies that is, in m...
In recent years, the U.S. Court of Appeals for the Federal Circuit made it increasingly difficult fo...
Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inve...
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of ...
The law is clear that it is the plaintiff-patentee\u27s burden to prove both infringement and damage...
It is not uncommon for multiple parties in the stream of commerce — manufacturers, distributors, end...
Part I of this article discusses the case law acknowledging the applicability of patent law preceden...
This Article examines the blurring of this interface in both the procedural and substantive cont...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article considers cases of divided patent infringement: those in which two or more parties coll...
When a party accused of patent infringement responds by seeking a declaratory judgment that the pate...
A party that causes another to infringe a patent may be liable for induced infringement. Recently, t...
Patent laws state that upon infringement, patentees are entitled to damages adequate to compensate ...
This essay responds to and builds on Economic Theory, Divided Infringement, and Enforcing Interacti...
In recent years, juries in some patent infringement suits have awarded prevailing patentees reasona...
Over the past fifty years, courts have developed a body of case law on patent remedies that is, in m...
In recent years, the U.S. Court of Appeals for the Federal Circuit made it increasingly difficult fo...
Patentees sometimes employ field-of-use licenses, under which they grant the right to use their inve...
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of ...