Essentials of Intellectual Property: Law, Economics, and Strategy

By Alexander I. Poltorak; Paul J. Lerner | Go to book overview

Chapter 11
How the Courts Have
Changed the
Patent Law
After reading this chapter you will know:
How landmark legal decisions in individual lawsuits change patent law, as it is actually practiced, more often than amendments to actual patent law statutes.
The basics of the Bilski case and how it raised issues of patentability.
How the eBay case made it much more difficult for a nonpracticing entity to obtain a permanent injunction against an infringer.
The background of several other major cases that changed patent law with regard to willful infringement, false patent marking, declaratory judgment actions, and many more facets of intellectual property law.

Plus ça change, plus c’est la même chose: The more things change, the more they remain the same. At least with respect to the patent law, the French got it wrong—although what can you expect from people who consider Jerry Lewis a comic genius? When the patent law changes, it really changes.

-185-

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