Download or read book The Analytical Framework for the Specific Intent to Induce Infringement in Hatch Waxman Disputes written by Gregory Bischoping and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Whoever actively induces infringement of a patent shall be liable as an infringer.” Inducement is a long-established form of infringement under Federal Circuit law, requiring three steps be met: 1) infringing acts occurred; 2) the defendant knew or should have known their acts would induce these acts of infringement; and 3) defendant had “actual intent to cause the acts which constitute the infringement.” In this Essay, I will focus on the third step of this analysis, the “actual intent” prong of induced infringement, especially as it applies to generic drug companies allegedly inducing infringement in Hatch-Waxman suits.I will begin by summarizing at the Federal Circuit's indecision on the appropriate standard of intent for induced infringement in a general patent context. The Federal Circuit initially split between two lines of cases, Hewlett-Packard v. Bausch & Lomb-requiring a comparatively low standard, “actual intent to cause the acts that constitute infringement” - and Manville Sales v. Paramount - requiring knowledge of the legal consequences of their acts of inducement. In the mid-2000s the Federal Circuit reconciled certain obvious differences in its induced infringement jurisprudence, but there remained significant tension regarding the requisite level of specific intent. After surveying this tension in the general patent infringement context, I will look to how specific intent plays out in the Hatch-Waxman context. There are certain features of Hatch-Waxman cases that make intent to induce infringement distinctly challenging, including that the infringement is artificial, the fact-finder is the judge, and the evidentiary standard is often based on the generic drug company's proposed labeling. I will look to how the Federal Circuit and district courts vary in the type of evidence they will consider, and in the legal weight they give to circumstantial evidence. Lastly, I will argue that it is appropriate and proper for courts to look beyond the drug's labeling to determine intent, still grounding their analyses in the actions of the defendant, but also inferring intent from external sources of information.
Download or read book Only a Pawn in the Game written by W. Keith Robinson and published by . This book was released on 2019 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: A party that causes another to infringe a patent may be liable for induced infringement. Recently, the Supreme Court and the Federal Circuit have interpreted the inducement statute in a way that may be problematic. For example, in a suit for induced patent infringement a plaintiff must show that an accused party had specific intent to cause infringement. The defendant can rebut allegations of induced infringement by showing that he had a good faith belief that he did not infringe the patent. However, a defendant's good faith belief that the patent is invalid is no longer a defense to inducement. While the accused party's actions or conduct could also be relevant, these scienter based inquires indicate that the law's current interpretation of inducement focuses primarily on intent.In response, this article suggests that the current trend in induced infringement analysis places too much emphasis on the question of intent. Further, this article argues that the conduct of an accused party should remain an important influence in the induced infringement determination. Numerous papers have suggested how courts should determine the level of intent required for induced infringement. In contrast, this article asserts that in lieu of further legislative or judicial revision of the intent requirement, many of the challenges in this area can be addressed by understanding the type of inducing conduct that patent law should discourage.
Download or read book Intent Standard for Induced Patent Infringement written by Brian T. Yeh and published by . This book was released on 2011 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Litigation Strategies Handbook written by Barry L. Grossman and published by BNA Books (Bureau of National Affairs). This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Section of Intellectual Property Law, American Bar Association."
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book Causation and Responsibility written by Michael S. Moore and published by Oxford University Press. This book was released on 2010-07-15 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? This book argues that much of thelegal doctrine on these questions is confused and incoherent, and offers the first comprehensive attempt since Hart and Honoré to clarify the philosophical background to the legal and moral debates.The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticises many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law byusing risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
Download or read book Minding Patent Infringement written by Ted M. Sichelman and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Patent Act of 1952 provides at 35 U.S.C. § 271(b) that "[w]hoever actively induces infringement of a patent shall be liable as an infringer." This provision codified long-standing precedent deriving from tort law that those who aid and abet direct patent infringement shall be liable for indirect infringement. Contrary to the views of most scholars, opinions from the Supreme Court and lower courts from the mid-19th century through the passage of the 1952 Act repeatedly held that aiding and abetting direct patent infringement solely required specific intent merely to further the acts that constituted direct infringement, and did not require knowledge of the patent-in-suit. Because Congress codified this precedent, the Supreme Court should find in the pending Global-Tech v. SEB case that Section 271(b) does not require the inducer to know of the applicable patent. Importantly, this result is sensible as a policy matter. First, it places system and method patent claims on more equal footing. Second, it eliminates a strategy of "willful blindness," whereby potential indirect infringers forgo searching for patents prior to undertaking their potentially infringing behavior - even when it is not costly to do so - to avoid charges of indirect infringement. Third, for those infringers that are aware of patents prior to infringement, it ends the self-serving and generally meaningless "opinion of counsel" defense strategy, whereby outside counsel immunize indirect infringers by writing conclusory - but usually outcome-determinative - letters stating that the patent-at-issue is not infringed, invalid, or unenforceable.
Download or read book Global Tech Appliances Inc Et Al Petitioners V SEB S A Respondent written by Mark A. Lemley and published by . This book was released on 2010 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.
Download or read book Mueller on Patent Law written by Janice M. Mueller and published by Wolters Kluwer Law & Business. This book was released on 2012 with total page 1902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.
Download or read book Damages for Indirect Patent Infringement written by Dmitry Karshtedt and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many patent infringement cases, the only practical way that the plaintiff can obtain relief is on a theory of secondary liability, which is generally referred to as indirect infringement. The remedy in patent cases frequently includes damages for past infringement. Because jury verdicts in patent cases can amount to hundreds of millions of dollars, patent damages have become a hotly litigated issue. Nevertheless, much to the frustration of the litigants in these high-stakes lawsuits, the courts continue to struggle to clarify how damages for indirect infringement should be determined. The Court of Appeals for the Federal Circuit, which has exclusive appellate jurisdiction over patent cases, has deepened the confusion over calculating damages. Two opinions from the Federal Circuit have made contradictory pronouncements on the issue of accounting for proven acts of primary (i.e., direct) infringement in determining damages for indirect infringement. Lucent Technologies, Inc. v. Gateway, Inc. held that the extent of directly infringing use of the patent should be viewed as one of many pieces of evidence for measuring the extent of damages (“the evidentiary approach”). In contrast, Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc. endorsed a rule that enables trial judges to limit damages as a matter of law to proven, enumerated acts of direct infringement of the asserted patents (“the atomistic approach”). The conflict between the two approaches raises fundamental, unanswered questions concerning the relationship between patent infringement and ordinary torts. This Article fills a gap in the literature by identifying, and working toward unraveling, one of the puzzles of indirect infringement. Specifically, it examines what the legal fiction of formally imputing an act of one entity to another -- an important tenet of secondary liability in tort -- means for patent damages. The answer is surprising: the atomistic approach is consistent with the principles of tort law, but is at odds with well-established, general rules for determining patent damages. Conversely, the evidentiary approach seems to ignore tort law's imputation principle and embodies the pragmatic, patent-specific damages rules that the atomistic approach eschews. This Article resolves the tension in favor of the evidentiary approach and explains that considerations of policy, logic, and precedent support a damages analysis that reflects fundamental differences between patent law and tort law.
Download or read book Patents and Technological Progress in a Globalized World written by Wolrad Prinz zu Waldeck und Pyrmont and published by Springer Science & Business Media. This book was released on 2008-11-20 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last two decades, accelerating technological progress, increasing economic globalization and the proliferation of international agreements have created new challenges for intellectual property law. In this collection of articles in honor of Professor Joseph Straus, more than 60 scholars and practitioners from the Americas, Asia and Europe provide legal, economic and policy perspectives on these challenges, with a particular focus on the challenges facing the modern patent system. Among the many topics addressed are the rapid development of specific technical fields such as biotechnology, the relationship of exclusive rights and competition, and the application of territorially limited IP laws in cross-border scenarios.
Download or read book ANDA Litigation written by Kenneth L. Dorsney and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the intersection between the statutory and regulatory scheme governing approval of generic pharmaceuticals and U.S. patent law in the context of Paragraph IV ANDA litigation, this comprehensive guide focuses on current and developing law as well as litigation strategies and tactics. This ready roadmap begins with an explanation of the Hatch-Waxman Act, its implementation, and litigation. Other topics include preparing and trying the case, post-trial issues and appeals, remedies, settlement, antitrust implications, and litigation of pharmaceuticals outside the U.S.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Injunctions in Patent Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-05-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how the tailoring of injunctions in patent law works in Europe, the United States, Canada, and Israel.
Download or read book Perspectives on Causation written by Richard Goldberg and published by . This book was released on 2011 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The chapters in this volume arise from a conference held at The University of Aberdeen concerning the law of causation in the UK, Commonwealth countries and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries."--
Download or read book Generic drug entry prior to patent expiration an FTC study written by and published by DIANE Publishing. This book was released on 2002 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
