New test for design patent infringement in the USA eliminates separate 'point of novelty' inquiry

2009 ◽  
Vol 4 (4) ◽  
pp. 232-235
Author(s):  
C. R. Macedo
Keyword(s):  
Patent Infringement ◽  
Design Patent ◽  
The Usa ◽  
Separate Point

Immunizing University Research from Patent Infringement

2004 ◽  
Vol 18 (3) ◽  
pp. 157-166 ◽  
Author(s):  
Eric W. Guttag
Keyword(s):  
Academic Research ◽  
University Research ◽  
Patent Infringement ◽  
State Universities ◽  
Sovereign Immunity ◽  
The Usa ◽  
Duke University ◽  
Experimental Use ◽  
Eleventh Amendment ◽  
Safe Harbours

Prior to Madey v Duke University, universities may have felt that academic research was immunized from patent infringement by the ‘experimental use’ defence. However, the Madey case has made clear that this defence is ‘very narrow’ to the extent that universities can no longer safely rely on it. While state universities in the USA can rely on sovereign immunity under the Eleventh Amendment, that still leaves private universities (like Duke) looking for available ‘safe harbours' from patent infringement for their research. One of these is offered by the Hatch–Waxman Act if the academic research is for the purpose of securing regulatory approval from the Food and Drug Administration. Another potential ‘safe harbour’ that was tantalizing raised, but left unresolved, by the Madey case is whether federally sponsored university research is immunized from patent infringement under 35 U.S.C. §1498(a).

Design Patent War: Apple versus Samsung

2014 ◽  
Vol 3 (2) ◽  
pp. 221-228 ◽  
Author(s):  
Narumon Saardchom
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Technology ◽  
Patent Infringement ◽  
Legal Risk ◽  
The World ◽  
Design Patent ◽  
Unites States

High-technology companies that have brought innovation to the market also use their innovation to claim their intellectual property rights around the world. In 2011, Apple Inc. started to claim its design patent over Samsung Electronics Company in the Unites States (US) court and the disputes then expanded to more than 50 lawsuits in numerous courts around the world, and became a design patent war. The amount of damages in a US verdict was the largest design patent infringement jury award of all time—US$ 1.05 billion, the amount by which most companies would become bankrupt by a single infringement. A design patent war like Apple versus Samsung lawsuits showed that design patent has seized centre stage of modern battle. In addition, it signified that any company must seriously incorporate design patent issue into its intellectual property portfolio. The dispute also revealed an interesting unclear boundary of design infringement that could impact the level of legal risk for every related industry.

The outcome of laparoscopic fundoplication for reflux disease in communlity practice in the USA

2001 ◽  
Vol 120 (5) ◽  
pp. A16-A16 ◽  
Author(s):  
N VAKIL ◽  
S TREML ◽  
M SHAW ◽  
R KIRBY
Keyword(s):  
Reflux Disease ◽  
Laparoscopic Fundoplication ◽  
The Usa
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