Patent Act of 2005: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, First Session, on H.R. 2795, June 9, 2005


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Seite 31 - Congress shall have the power .... to promote the progress of science, and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.
Seite 48 - Injunction The several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent, on such terms as the court deems reasonable.
Seite 72 - In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.
Seite 69 - INVENTIVE STEP An invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
Seite 13 - results suggest that willfulness claims are plaguing patent law. It seems unlikely that in 92% of the cases, the patentee had sufficient factual basis at the time the complaint was filed to allege that the defendant's infringement was willful." See Empirical Statistics on Willful Patent Infringement, 15 Fed. Cir. BJ 227 (2004). Additional problems arise from the Federal Circuit's opinion in Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983). The decision speaks of an...
Seite 69 - A. patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Seite 14 - These difficulties were not obviated by the en banc reconsideration of Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337 (Fed. Cir. 2004). While the Court did rule that it is inappropriate for the trier of fact to draw an adverse inference with respect to willful infringement when a defendant has not obtained legal advice or invokes the attorney-client privilege, the decision leaves untouched the duty of due care and the circumstances which give rise to such duty. AIPLA would...
Seite 11 - ... a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Seite 14 - This provision unconstitutionally undercuts the "exclusive rights of authors and inventors" granted under valid patents by allowing the courts to determine "equity" in considering "fairness of the remedy in light of all the facts and the relevant interest of the parties associated with the invention.
Seite 38 - Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary House of Representatives The Honorable Vernon J.

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