Santa Clara Computer & High Technology Law Journal

Articles from Vol. 26, No. 3, March

Finding the Patent Infringement "Mastermind": The "Control or Direction" Standard for "Joint" Infringement
I. Introduction Under 35 U.S.C. [section] 271(a), "whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent...
Intellectual Property in Standards: Does Antitrust Law Impose a Duty to Disclose (Even If the Standards-Setting Organization Does Not)?
Introduction Antitrust law "protects competition and the competitive process by preventing certain types of conduct that threaten a free market." (1) The primary objective is "to maximize consumer welfare by promoting competition among firms." (2)...
Prospectively Curing Inequitable Conduct through Reissue: Reconsidering a "Well-Settled Principle"
I. Introduction Inequitable conduct is an equitable doctrine that renders a patent unenforceable upon a finding that the patentee has breached the duty of candor and good faith owed to the U.S. Patent and Trademark Office ("PTO") during prosecution...
Relief for IP Rights Infringement Is Primarily Equitable: How American Legal Education Is Shortchanging the 21st Century Corporate Litigator
INTRODUCTION Unjust enrichment can be either an equitable or a legal wrong. (1) Restitution and injunction are Equity's principal remedies for that wrong. (2) Whether in Equity or at law, unjust enrichment is the basic principle on this side of...
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