Patent infringement ≈ Patent infringement
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Copyright Infringement in AI-Generated Artworks Open
This Note examines potential copyright infringement issues arising from AI-generated artwork and argues that, under current copyright law, an engineer may use copyrighted works to train an AI program to generate artwork without incurring i…
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Inter Partes Review and the Design of Post-Grant Patent Reviews Open
Inter partes review (IPR) is one of a number of mechanisms for eliminating improper patents through “post-grant review.” Challenging an issued patent is expensive and paid for by the challenger, but all who practice the patent benefit from…
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Patent pledges, open IP, or patent pools? Developing taxonomies in the thicket of terminologies Open
Recently, a range of organisations, including car and consumer electronics manufacturers, have applied so-called patent pledges. A patent pledge is a publicly announced intervention by patent-owning entities ('pledgers') to out-license act…
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Patent remedies and technology licensing: Evidence from a supreme court decision Open
Research Summary Remedies for infringement are important determinants of the strength of patent protection. However, there has been little emphasis on the role of patent remedies in profiting from innovation via licensing. To address this …
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Restoring Deterrence Open
Since the Supreme Court’s 2006 decision in eBay, Inc. v. MercExchange, LLC, increasingly large portions of the patentee population have no realistic expectation of securing injunctive relief against adjudicated infringers. This judicially …
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Clarity in Remedies for Patent Cases Open
This Article summarizes more detailed work done elsewhere and argues that after more than a decade of disjointed application and discussion regarding eBay’s precedent, it is time to add clarity to remedies for patent cases. Part I chronicl…
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Should Patent Infringement Require Proof of Copying? Open
Patent law gives patent owners not just the right to prevent others fromcopying their ideas, but the power to control the use of their idea even bythose who independently develop a technology with no knowledge of thepatent or the patentee.…
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Will rivals enter or wait outside when faced with litigation risk? Patent litigation in complex product industries and international market entry Open
A spiral of patent infringement litigation among rival firms is a phenomenon often observed in complex product industries, where products comprise numerous separately patentable elements. Theoretically grounded in the awareness–motivation–…
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How Patent Damages Skew Licensing Markets Open
I. INTRODUCTION 379II. PATENT LICENSING MARKETS 385A.Anatomy of an Efficient Licensing Market 387III. COLLATERAL EFFECTS OF PATENT LICENSING 396A. Reduced Future Damages 396B. Distorted Fees in Future Licensing 399IV. IMPACT ON LICENSING I…
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Distinguishing Lost Profits from Reasonable Royalties Open
Patent damages are designed to compensate patentees for their losses, notto punish accused infringers or require them to disgorge their profits. Thestatute provides for damages "adequate to compensate for the infringement,but in no event l…
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Escaping the patent trolls: The impact of non‐practicing entity litigation on firm innovation strategies Open
Research Summary Non‐practicing entities (NPEs) are firms that accumulate and acquire patents but do not further develop or implement the patented inventions (known as patent trolling). NPEs seek to receive royalties or profits through out…
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Building an Internet-Based Knowledge Ontology for Trademark Protection Open
Global online sales for products, where many are substantially identical or deceptively similar, are the cause of a growing number of trademark (TM) infringement lawsuits. This research proposes an intelligent trademark legal precedent rec…
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Standing your ground: Examining the signaling effects of patent litigation in university technology licensing Open
The licensing of university technologies to private firms has become an important part of the technology transfer mission of many universities. An inherent challenge for the technology licensing of universities is that potential licensees …
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The relationship between patent attributes and patent litigation: Considering the moderating effects of managerial characteristics Open
Patent litigation is not only a battlefield of intellectual property rights, but also a context in which patent value becomes more transparent to the parties concerned. Integrating the resource-based theory with the attention-based view, t…
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Measuring Patent Similarity Based on Text Mining and Image Recognition Open
Patent application is one of the important ways to protect innovation achievements that have great commercial value for enterprises; it is the initial step for enterprises to set the business development track, as well as a powerful means …
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Internet Payment Blockades Open
Internet payment blockades are the fruits of a long-term, evolving strategy on the part of corporate copyright and trademark owners to leave no intermediary behind when it comes to online intellectual property enforcement. Where judicial a…
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Innovation Factors for Reasonable Royalties Open
Patentees who are successful in litigation are entitled to no less than a “reasonable royalty” for the infringing use of the patent. Currently, reasonable royalties are assessed by the fact-finder using the cumbersome, difficult-to-apply f…
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Optimal remedies for patent infringement Open
This paper derives optimal remedies for patent infringement, examining damages awards and injunctions. The fundamental optimality condition that applies to both awards and injunctions equates the marginal static cost of intellectual proper…
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A Restitution Perspective on Reasonable Royalties Open
I. INTRODUCTION.....336II. REASONABLE ROYALTIES IN PATENT LAW.....337A. Reasonable Royalties in the Suite of Patent Remedies...... ..338B. Rise of the Reasonable Royalty Remedy 340C. Fall of Patent Law 's Disgorgement Remedy 344D. Apportio…
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Keyword Based Search and its Limitations in the Patent Document to Secure the Idea from its Infringement Open
Intellectual Properties (IP's) are attracting progressively growing popularity for corporate houses and the academia in the current years. Patent system is one of them which generate high economical values of the IP rights. This in turn ca…
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Does <span><i>Alice</i></span> Target Patent Trolls? Open
The five years since Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014) have witnessed an explosion in patentable subject matter decisions ‐‐ and in political controversy over the doctrine. To its critics, Alice renders important i…
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Has China Established a Green Patent System? Implementation of Green Principles in Patent Law Open
The goal of high-quality economic development proposed by China has defined the sustainable development concepts of innovation, coordination, green, openness and sharing. Changes in economic development strategies affect corresponding chan…
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Final Report of the Berkeley Center for Law & Technology Patent Damages Workshop Open
The determination of patent damages lies at the heart of patent law and policy, yet it remains one of the most contentious topics in this field, particularly as regards the calculation of a reasonable royalty. In March 2016, the Berkeley C…
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Copyright's Topography: An Empirical Study of Copyright Litigation Open
One of the most important ways to measure the impact of copyright law is through empirical examination of actual copyright infringement cases. Yet scholars have universally overlooked this rich source of data. This study fills that gap thr…
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Litigate or let it go? Multi-market contact and IP infringement-litigation dynamics Open
We explore how multimarket contact (MMC) explains competitors' intellectual property (IP) infringement-litigation dynamics. We build on role congruity theory to propose that the role played by each firm in shared markets generates expectat…
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Patent Linkages and Its Impact on Access to Medicines: Challenges, Opportunities for Developing Countries Open
Linking patent protection to generics’ regulatory approvals is a heated topic of discussions and a friction point among countries proposing higher protection for patented drugs. Patent linkage has been pushed through bilateral and regional…
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Universities involvement in patent litigation: an analysis of the characteristics of US litigated patents Open
Some recent patent infringement litigations initiated by universities have resulted in multi-million dollar damages and have attracted public attention and stimulated research especially among law scholars. In this paper, we build a brand …
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Reply: Patent Holdup and Royalty Stacking Open
We argued in our paper, "Patent Hold-Up and Royalty Stacking," that thethreat to obtain a permanent injunction greatly enhances the patentholder's negotiating power, leading to royalty rates that exceed abenchmark level based on the value …
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Unbundling the “Tort” of Copyright Infringement Open
Judges and jurists orthodoxly view copyright infringement as a singular legal wrong, a.k.a. the tort of copyright infringement. In recent years, commentators have expressed mounting concern about the judicial test for this tort. Courts hav…
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A detection for patent infringement suit via nanotopology induced by graph Open
The aim of this paper was to generate nanotopological structure on the power set of vertices of simple digraphs using new definition neighbourhood of vertices on out linked of digraphs. Based on the neighbourhood we define the approximatio…