Download or read book Antitrust Counterattack in Patent Infringement written by Elizabeth C. Benton and published by American Bar Association. This book was released on 1994 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Antitrust Counterattack in Patent Infringement Litigation written by and published by . This book was released on 1994 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Antitrust counterattack in intellectual property litigation handbook written by and published by American Bar Association. This book was released on with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antitrust Counterattack in Intellectual Property Litigation Handbook written by and published by American Bar Association. This book was released on 2010-01-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book IP and Antitrust An Analysis of Antitrust Principles Applied to Intellectual Property Law 3rd Edition written by Hovenkamp, Janis, Lemley, Leslie, Carrier and published by Wolters Kluwer. This book was released on 2016-01-01 with total page 3280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book IP and Antitrust written by Christina Bohannan and published by Aspen Publishers Online. This book was released on 2013 with total page 2686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property Misuse written by and published by American Bar Association. This book was released on 2000 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.

Download or read book Suits for Infringement of Patents where the Patentee is Violating the Antitrust Laws written by United States. Congress. Senate. Committee on Patents and published by . This book was released on 1930 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patent Misuse and Antitrust Law written by Daryl Lim and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.

Download or read book Antitrust Counterclaims in Patent Infringement Litigation written by Teague I. Donahey and published by . This book was released on 1999 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property and Antitrust Handbook written by and published by American Bar Association. This book was released on 2007 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intellectual Property antitrust written by and published by . This book was released on 2006 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Antitrust Problems in the Exploitation of Patents written by United States. Congress. House. Committee on the Judiciary. Subcommittee No. 5 and published by . This book was released on 1957 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Creation without Restraint written by Christina Bohannan and published by Oxford University Press. This book was released on 2012-01-13 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.

Download or read book Patent Exclusions and Antitrust After Therasense written by Herbert Hovenkamp and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A patent may be held invalid if it was obtained by “inequitable conduct” before the PTO during the process of patent prosecution. In its Therasense decision the Federal Circuit imposed severe requirements against those attempting to defend against a patent on the basis of inequitable conduct, insisting that inequitable conduct be measured essentially by a subjective test. Objective “reasonable person” tests such as negligence or even gross negligence will not suffice. By contrast, the Supreme Court has insisted that the conduct giving rise to a wrongful infringement action violating the antitrust laws be initially based on an objective test - whether a reasonable person knowing what he knew would have brought this suit under these circumstances. Only after passing this objective screen may an antitrust claimant seek to determine any subjective intent that may be needed for an antitrust claim. The principal distinction between Therasense and Walker Process antitrust complaints based on improper patent infringement actions pertains to the time of evaluation. “Inequitable conduct” generally refers to actions and state of mind (under Therasense) that occur during the patent prosecution process. By contrast, Walker Process necessarily refers to actions and state of mind at the time a patent infringement action is filed or the patent holder engages in other exclusionary conduct, and this may be many years after issuance. This has several implications. First, there could be inequitable conduct under Therasense but relative innocence at the time of an infringement suit if (a) the patent has been assigned to an innocent recipient; or (b) the persons within the firm who were guilty of the inequitable conduct are no longer available and the persons who file the later infringement suit are unsuspecting. This is highly likely to be true for firms with thousands of patents, because the kinds of things that would yield inequitable conduct are often not plain from the patent prosecution record. One conceptual difficulty of Therasense is that state of mind refers to persons, but large firms have many persons. Further, those filing an infringement suit on a ten year old patent have little incentive to dig too deeply in order to find out whether now departed applicants and their agents engaged in equitable conduct. Second, a patent might have been obtained without inequitable conduct, but subsequent evidence of prior art or barring sales or use might emerge, and the person filing the infringement action might have knowledge of these things. In that case a Walker Process antitrust claim should be permitted even though the person prosecuting the patent was innocent of inequitable conduct as Therasense defines it.

Download or read book Patent antitrust Law written by Raymond C. Nordhaus and published by . This book was released on 1961 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Federal Antitrust Guidelines for the Licensing of Intellectual Property written by and published by American Bar Association. This book was released on 2002 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.