Infringement of the United States Patent Right: A Guide for Executives and Attorneys

By Richard T. Holzmann | Go to book overview

PREFACE

The purpose of this work is to introduce the manager and technologist, the student, and the foreign patent practitioner to the United States Law of Patent Infringement. It should also be a refresher to those patent agents or attorneys who devote their time exclusively to prosecution rather than to litigation. But it should be mentioned that the highly respected Judge Hand, in 1950, noted, ". . . when the question is whether there is a patentable invention. The issue is as fugitive, impalpable, wayward, and vague a phantom as exists in the whole paraphernalia of legal concepts"--indicating the difficulty in determining when an invention is a patentable one.

Effort has been made to illustrate the development of that law from its historical perspective to the recent decisions of the Court of Appeals for the Federal Circuit (CAFC), the premier patent appellate tribunal. Creation of the CAFC in 1982 was a landmark in the evolution of patent law and policy. With the withdrawal of patent jurisdiction from the twelve regional Courts of Appeal, the CAFC is the court with primary responsibility for interpreting and developing the rules and principles of patent law.

Particular emphasis is placed on the large number of recent opinions on the question of equivalents in an infringement context. Many practitioners feel that several of the opinions in the 1987-1994 period are revolutionizing the scope of claims that define the invention in the means-plus- function format. It would appear that the battle in the courts, and within the CAFC itself, over the essence of the infringement analysis (i.e., the interpretation and construction of claims with the subsequent application to the accused device) has finally peaked, although many problems remain.

-ix-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Infringement of the United States Patent Right: A Guide for Executives and Attorneys
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • 1- Types of Litigation in General 1
  • 2- The Patent Right: What It Does and Does Not Confer 11
  • 3- Acts Constituting Infringement 17
  • 4- Factors Determining Infringement 67
  • Introduction 67
  • 5- Defenses 137
  • 6- Remedies 161
  • 7- Conduct of Patent Litigation: Jurisdiction And Procedure 199
  • Epilogue 223
  • Selected Bibliography 227
  • Table of Cases 229
  • Index 233
  • About the Author 237
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 240

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.