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infringement of patent
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According to Markman, it must first be asked whether we are dealing with a cause of action that either was tried at law at the time of the founding or is at least analogous to one that was.\n289 The Revision Notes from the 1952 legislative history said that the phrase 'in exceptional cases' has been added as expressing the intention of the present statute as shown by the legislative history and as interpreted by the courts. In partial contrast, in a patent infringement jury trial, the Seventh Amendment to the Constitution, under governing Supreme Court authority, * requires the trial court to resolve claims construction issues; * would require submission of patent infringement issues to the jury; * would require submission to the jury of all defenses to infringement liability, includin...
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A U.S. utility patent confers on its holder the limited right to exclude others from practicing the patent's claimed subject matter. This right is guaranteed by granting patentees a broad right to pursue a federal civil action to recoup the lost economic benefit of an infringed invention. However, while patentees can, and often do, bring infringement actions against corporate defendants, their ability to join the corporate participants-the owners and agents of the corporation-has been seriously limited by the U.S. Court of Appeals for the Federal Circuit. Such a narrow view of corporate-participant liability has little basis in traditional principles of agency and corporate law. This Note illustrates the Federal Circuit's deviations from the more conventional approach and highlights som...
