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, 2005U.S. Government Printing Office, 2005 - 82 Seiten |
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Seite 12
... Determination of Dam- ages Section 6 of H.R. 2795 also proposes to add a paragraph to 35 U.S.C. 284 to limit the award of damages in the situation where the infringed patented invention is only one element of the defendant's method or ...
... Determination of Dam- ages Section 6 of H.R. 2795 also proposes to add a paragraph to 35 U.S.C. 284 to limit the award of damages in the situation where the infringed patented invention is only one element of the defendant's method or ...
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... determination on a royalty rate that will be adequate to compensate for the infringement . In determining a reasonable royalty , the courts look to the 15 Georgia Pacific factors and seem to manage quite nicely . Georgia - Pacific Corp ...
... determination on a royalty rate that will be adequate to compensate for the infringement . In determining a reasonable royalty , the courts look to the 15 Georgia Pacific factors and seem to manage quite nicely . Georgia - Pacific Corp ...
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... determination of willful infringement can be made to those in which an infringer is truly a bad actor . Of course , every successful patentee will still receive damages adequate to compensate for the infringement , together with in ...
... determination of willful infringement can be made to those in which an infringer is truly a bad actor . Of course , every successful patentee will still receive damages adequate to compensate for the infringement , together with in ...
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... determinations of whether an invention is novel and non - obvious on the basis of all prior art . It also allows the public to prepare any evidence that may be available for submission in the 9 month opposition period after the patent ...
... determinations of whether an invention is novel and non - obvious on the basis of all prior art . It also allows the public to prepare any evidence that may be available for submission in the 9 month opposition period after the patent ...
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... determination to the discretion of the Director of the USPTO . In addition , the duty of candor imposed by patent law should specifically prohibit the misrepresentation of inventorship . Although a change to a “ first - inventor - to ...
... determination to the discretion of the Director of the USPTO . In addition , the duty of candor imposed by patent law should specifically prohibit the misrepresentation of inventorship . Although a change to a “ first - inventor - to ...
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Häufige Begriffe und Wortgruppen
AIPLA American attorneys award Bayh-Dole Act benefit BERMAN bill California Chairman claims Committee Print companies CONGRESS THE LIBRARY continuation applications court damages duty of candor effective Federal Circuit fees filing GOODLATTE grant Griswold Gulbrandsen important independent inventors industry inequitable conduct injunctive relief innovation Intellectual Property invalid inventive step June 9 legislation LIBRARY OF CONGRESS limited LOFGREN non-obviousness obvious opposition proceeding ordinary skill parties Patent Act patent application patent examiner patent holder patent infringement patent law reform patent litigation Patent Office patent owner patent policy patent quality patent reform patent trolls post-grant opposition pre-grant prior art problem proposal protection provisions Public Patent Foundation quality patents Ravicher requirement SCHIFF second window sector SMITH standard setting organization Subcommittee subjective elements suggestion to combine Thank tion U.S. patent system university technology transfer USPTO valid patents WARF wrongly issued patents ZOE LOFGREN
Beliebte Passagen
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.