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Principles for Patent Remedies

By: Golden, John M. | Texas Law Review, February 2010 | Article details

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Principles for Patent Remedies


Golden, John M., Texas Law Review


Once a joint domain of inertia and arcana, questions about remedies for patent infringement now generate heated public debate. A recent Supreme Court decision has spawned conflicting answers from courts and commentators about when courts should issue injunctions forbidding continued infringement. On Capitol Hill, Orwellian-named entities representing a variety of industry heavyweights have poured millions into lobbying for or against patent reform bills, with a major focus of dispute being legislative language regarding damage awards.

Amidst all the commotion, one fact remains clear. We have little specific sense of what the value of patent remedies either generally is or should …

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