Patent Exhaustion and the Exhausted Defendant: Why Parties Should Not be Able to Contract Around Exhaustion in Settling Patent Litigation By Sam Ernst Assistant Professor of Law
نویسنده
چکیده
منابع مشابه
analysis of contract law of commercial expectations in patent license
In this research, protection of commercial expectation has been examined. The main question is how we could identify and assess existence of commercial expectations. In response, commercial expectation are acquisition of expectable benefit in market, mass production, absence of technical failure in licensed knowledge and so on. Therefore, it is essential to response by analysis of contract law ...
متن کاملWhy the Supreme Court Was Correct to Deny Certiorari in Ftc
In November 2008, the Federal Trade Commission petitioned the Supreme Court to review the D.C. Circuit’s decision in FTC v. Rambus. That decision reversed the Commission’s finding that Rambus knowingly failed to disclose a patent to a standard setting organization and, in so doing, acquired monopoly power in violation of Section 2 of the Sherman Act. In February 2009, the Supreme Court denied t...
متن کاملThe Rise of Contingent Fee Representation in Patent Litigation
It is well known that plaintiff-side contingent representation is on the rise in patent litigation. But why? And what are the lawyers in the field like? Although scholars have studied contingent litigation in other contexts — such as medical malpractice, personal injury, and products liability litigation — patent litigation has received almost no attention. This gap in the literature is unsettl...
متن کاملحاکمیت اراده بر قراردادهای بین المللی خصوصی
It is widely accepted that a contract of private international law is governed by the law chosen by the parties. Nevertheless, the most general rule of Iranian law, i.e. article 968 of civil code, which has been adopted more than 77 years ago, provides for application of the law of the place where the contract is made. That is why in the silence of courts’ decisions the Iranian authors are di...
متن کاملذینفع در دعاوی ناشی از اختراع از نگاه قانون و رویه قضایی
It is widely accepted that a contract of private international law is governed by the law chosen by the parties. Nevertheless, the most general rule of Iranian law, i.e. article 968 of civil code, which has been adopted more than 77 years ago, provides for application of the law of the place where the contract is made. That is why in the silence of courts’ decisions the Iranian authors are di...
متن کامل