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Persistent link: https://www.econbiz.de/10011341277
International agreements do not generally address issues of secondary liability for infringement of intellectual property law rights, and there is little international consensus on this topic, even among the major industrialized nations. National laws tend to vary considerably regarding the...
Persistent link: https://www.econbiz.de/10014048482
In this manuscript, I criticize the Federal Circuit's current standard for evaluating the individual liability of corporate officers for the patent infringement of their corporations as being based incorrectly upon a piercing of the corporate veil (a doctrine applicable only to corporate...
Persistent link: https://www.econbiz.de/10014075544
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases differs so markedly not only from traditional legal...
Persistent link: https://www.econbiz.de/10013052722
In 1995, the Federal Circuit summarily attached the label of “strict liability” to direct patent infringement, even though that term does not appear in any U.S. Patent Act of the past two centuries. The catechism of “strict” direct patent infringement liability is now so well-engrained...
Persistent link: https://www.econbiz.de/10014128090