Boundaries, Extraterritoriality, and Patent Infringement Damages

TR Holbrook - Notre Dame L. Rev., 2016 - HeinOnline
Patents are generally considered to be the most territorial of all the various forms of
intellectual property. Even patent law, however, has confronted issues involving the …

Congressional Power, Public Rights, and Non-Article III Adjudication

JM Golden, TH Lee - Notre Dame L. Rev., 2022 - HeinOnline
Article III specifies that the federal" judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or …

Extraterritorial Damages in Patent Law

TF Cotter - Cardozo Arts & Ent. LJ, 2021 - HeinOnline
ABSTRACT In 2018, the Supreme Court in WesternGeco LLC v. ION Geophys-ical Corp.
held that the owner of a US patent could recover its lost profit on sales it would have made …

Enhancing Patent Damages

D Karshtedt - UCDL Rev., 2017 - HeinOnline
The Patent Act, like many other statutes setting forth civil causes of action,'allows prevailing
plaintiffs to obtain retrospective relief in the form of monetary damages. 2 As in other areas of …

Causal Responsibility and Patent Infringement

D Karshtedt - Vand. L. Rev., 2017 - HeinOnline
Cases in which more than one party is involved in infringing a patent embody one of the
most vexing areas of patent law. These multi-party problems become particularly salient …

The Completeness Requirement in Patent Law

D Karshtedt - BCL Rev., 2015 - HeinOnline
This Article argues that courts have created a de facto extra-statutory condition of
patentability, herein termed the" completeness" requirement. This requirement bars patents …

The Fruit of the Poisonous Tree in IP Law

MA Lemley - Iowa L. Rev., 2017 - HeinOnline
If a police officer searches my home illegally andfinds evidence of a crime there, the criminal
law suppresses not only that evidence, but evidence derived from the search that was not …

Patenting new uses for old inventions

SB Seymore - Vand. L. Rev., 2020 - HeinOnline
Patenting New Uses for Old Inventions Page 1 Patenting New Uses for Old Inventions Sean B.
Seymore* A bedrock principle of patent law is that old inventions cannot be patented. And a new …

Patent shopping

J Freilich - UC Irvine L. Rev., 2019 - HeinOnline
" Forum shopping" refers to a method" of choosing the most favorable jurisdiction or court in
which a claim might be heard." This Article introduces the concept of" patent shopping," …

Raze out the Written Troubles of the Brain: The Constitutional Issues with Reading the Brain Waves of Domestic Terrorism Detainees

CD Strubakos - Alb. LJ Sci. & Tech., 2023 - HeinOnline
The Al Qaeda terrorist attacks of September 11, 2001 changed the world. 2 In the years
immediately following these devastating incursions on the American way of life, the US …