Patent Law Reform: Injunctions and Damages : Hearing Before the Subcommittee on Intellectual Property of the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, First Session, June 14, 2005, Volum 4U.S. Government Printing Office, 2007 - 170 sider |
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Side 2
... defendants that cannot afford to take an in- tolerably high risk of treble damage awards or massive lost profits if an injunction keeps their product off the market during and after litigation . We will hear from representatives of some ...
... defendants that cannot afford to take an in- tolerably high risk of treble damage awards or massive lost profits if an injunction keeps their product off the market during and after litigation . We will hear from representatives of some ...
Side 5
... willful infringement standard . You can get tre- ble damages for this if a defendant was aware of a plaintiff's pat- ent . That may have the unintended effect of discouraging compa- nies from making a comprehensive search for prior art so ...
... willful infringement standard . You can get tre- ble damages for this if a defendant was aware of a plaintiff's pat- ent . That may have the unintended effect of discouraging compa- nies from making a comprehensive search for prior art so ...
Side 10
... defendant has the opportunity to rebut this pre- sumption , but as a practical matter courts treat the presumption ... defendants to settle pre- maturely even in cases with weak patents held by patent trolls . The Patent Act should be ...
... defendant has the opportunity to rebut this pre- sumption , but as a practical matter courts treat the presumption ... defendants to settle pre- maturely even in cases with weak patents held by patent trolls . The Patent Act should be ...
Side 13
... defendants . Patent owners have concerns about the lack of predictability in the patent system . Any company that has spent millions of dollars on drug de- velopment and bringing that product to market is going to experi- ence great ...
... defendants . Patent owners have concerns about the lack of predictability in the patent system . Any company that has spent millions of dollars on drug de- velopment and bringing that product to market is going to experi- ence great ...
Side 21
... defendant comfort in knowing that they are not going to be shut down with a patent at the end of the litigation . The emphasis that I think needs to be put on patent reform is in changing the equation of patent litigation , and the ...
... defendant comfort in knowing that they are not going to be shut down with a patent at the end of the litigation . The emphasis that I think needs to be put on patent reform is in changing the equation of patent litigation , and the ...
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abuse award Bayh-Dole Act believe biotechnology Chairman HATCH challenge changes companies concerns Congress continuation practice create current law defendant Federal Circuit filing financial services grant injunctions Gulbrandsen hearing House bill important improve patent quality industries inequitable conduct injunctions and damages injunctive relief innovation Intellectual Property Owners invalid irreparable harm issued patents Judiciary June 14 Kushan legislation licensing limited litigation reform opposition proceeding Orrin G Owners Association IPO patent applications patent examiner patent holder patent infringement patent law reform patent litigation Patent Office patent owner patent reform patent rights patent system patent trolls patented invention Patrick Leahy permanent injunctions pharmaceutical plaintiff post grant review presumption of validity prior art prior user rights problem Property Owners Association proposal question remedies require risk sector Senator LEAHY SIDLEY AUSTIN SIDLEY AUSTIN BROWN significant standards Subcommittee treble damages U.S. patent USPTO valid and infringed WARF