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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AIPLA asserted attorneys award Bayh-Dole Act believe BERMAN bill California Chairman claims Committee Print companies Congress continuation applications Counsel create damages DARRELL ISSA duty of candor effective Federal Circuit fees filing GOODLATTE grant Griswold Gulbrandsen important independent inventors industry inequitable conduct injunctive relief innovation Intellectual Property Internet invalid inventive step June 9 legislation limited obvious opposition proceedings ordinary skill parties Patent Act patent application patent holder patent infringement patent law patent law reform patent litigation Patent Office patent owner patent policy patent quality patent reform patent trolls post-grant opposition pre-grant PREPARED STATEMENT prior art problem Professor Lerner proposal protection provisions Public Patent Foundation PUBPAT quality patents Ravicher requirement SCHIFF second window sector SMITH Statement of Daniel SUBCOMMITTEE ON COURTS subjective elements suggestion to combine Thank tion U.S. patent system university technology transfer USPTO WARF wrongly issued patents ZOE LOFGREN
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Seite 27 - 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 42 - 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 66 - 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 76 - Federico, a principal draftsman of the 1952 recodification, in his testimony regarding that legislation: "[U]nder section 101 a person may have invented a machine or a manufacture, which may include anything under the sun that is made by man.
Seite 10 - Virginia, do not even allow the attorney trying the patent infringement case to be in the same law firm as the attorney who drafted the infringement opinion. Complicated issues involving waiver of attorney-client privilege further exacerbate the matter. These difficulties were not obviated by the en bane reconsideration of KnorrBremse Systems Fuer Nutzfahrzeuge GmbH v. Dana Corp. 383 F3d 1337 (Fed. Cir. 2004). While the Court did rule that it is inappropriate for the trier of fact to draw an adverse...
Seite 7 - ... 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 64 - ... 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 66 - States district court, and the court in its discretion may allow the recovery of full costs by or against any party and may also award a reasonable attorney's fee to the prevailing party as part of the costs.
Seite 10 - 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 34 - Subcommittee on Courts, the Internet, and Intellectual Property Committee on the Judiciary House of Representatives The Honorable Vernon J.