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35 U.S.C. § 271(b) creates a type of indirect infringement described as "active inducement of infringement," while 35 U.S.C. § 271(c) creates liability for those who have contributed to the infringement of a patent. Both types of indirect infringement can only occur when there has actually been a direct infringement of the patent. [5]
United States v. Glaxo Group Ltd. 410 U.S. 52: 1973: Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent ...
Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754 (2011), is a United States Supreme Court case. [1] The case considered whether a party, in order to "actively [induce] infringement of a patent" under 35 U.S.C. § 271(b), [2] must know that the induced act constitutes patent infringement, or whether deliberate indifference to the existence of a patent can be considered a form of actual ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
U.S. Patent and Trademark Office Director Kathi Vidal said on Tuesday that intellectual property rights (IPR) continue to be a main concern for U.S. businesses in China, and they face significant ...
The Patent Reform Act of 2005 was United States patent legislation proposed in the 109th United States Congress. Texas Republican Congressman Lamar S. Smith introduced the Act on 8 June 2005. [ 1 ] Smith called the Act "the most comprehensive change to U.S. patent law since Congress passed the 1952 Patent Act."
The large size of the US economy, the strong pro-patentee legal regime and over 200 years of case law make US patents more valuable and more litigated than patents of any other country. The long history of patents and strong protection of patent holders contributes to abuse of the system by patent trolls , which are largely absent in other ...
Title 35 of the United States Code is a title of United States Code regarding patent law. The sections of Title 35 govern all aspects of patent law in the United States. There are currently 37 chapters, which include 376 sections (149 of which are used), in Title 35.
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