Showing 1 - 10 of 6,812
The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … which is currently existing in Germany. To answer this question three essential characteristics of the current German patent … injunctive relief provided by German patent law, and the so-called ‘injunction gap’ as a result of bifurcating infringement and …
Persistent link: https://www.econbiz.de/10014360286
designs over less attractive ones. It relies upon a data set that includes all design patent decisions from 1982 until 2010 in … which a court made a final determination of validity or infringement, with every design patent at issue therein classified … legal doctrine and empirical data reflect a decline in the importance of aesthetic considerations in design patent decisions …
Persistent link: https://www.econbiz.de/10014165060
The US case Akamai Technologies Inc v Limelight Networks Inc brought the patent world's attention to the issue of if … ‘divided performance' issue in the Australian context, finding that, contrary to an earlier article, no patent infringement …, thereby, generate certainty for the myriad stakeholders who use the patent system …
Persistent link: https://www.econbiz.de/10012932714
any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a … draconian rule, and have instead upheld myriad patent claims that include mental steps. Recently there has been renewed interest … thoughts that cannot be avoided by protecting them from patentability, and thus preventing the iniquity of involuntary patent …
Persistent link: https://www.econbiz.de/10013070323
Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...
Persistent link: https://www.econbiz.de/10013085735
its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI … technologies likely will lead to an increase in AI-related patent litigation, and the introduction of a nonhuman actor into a … traditional patent infringement analysis means that litigants will face unique issues stemming from the dynamic nature of AI …
Persistent link: https://www.econbiz.de/10013314386
vaccines are claimed in myriad – not Myriad – patents and patent applications, many of which are destined to be litigated over … their owners. While the world waits for this storm of patent litigation, federal courts continue to be busy with ownership … as top tens compiled by others. However, to quote an expression commonly heard in courts hearing patent cases, à chacun …
Persistent link: https://www.econbiz.de/10014255494
Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust … law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold … that the patent is actually valid and infringed, and parties have incentives to structure reverse payment settlements to …
Persistent link: https://www.econbiz.de/10014167001
Patent Court (UPC) that the UPC Committee conducted between June and September 2013. The focus is put on constitutional …
Persistent link: https://www.econbiz.de/10013047109
Patent decisions of european judges may have cross-border effect, either in actions for infringement or for revocation …. The project of a community patent system foresee a single central court, with cross-border authority. This solution is … wrong; there is no need of a centralized patent court …
Persistent link: https://www.econbiz.de/10014078346