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Advanced Patents Concepts High Level Outline

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Advanced Patent Law: concepts Professor John the "terrble" seersucker Duffy - Spring 2017 Alex & Zach Nemtzow

 Injunctions o Permanent Injunctions o Preliminary Injunctions
 Damages o Reasonable Royalty
 Apportionment
 Entire Market Value Rule o Lost Profits
 Noninfringing Substitutes
 Market Share Rule
 Entire Market Value Rule o Attorney's Fees o Enhanced Damages/Wilful infringement o Patent Marking
 See also Antitrust Liability Legal Process
 Specialization Debate
 Fact vs. Law o Decisions of Fact o Decisions of Law
 Presumption of Validity
 Post-Issuance Administrative Review o IPR o CBM o PGR o Ex Parte Reexamination o Reissue o Correction o Disclaimer
 Inequitable Conduct o Unclean Hands o Laches
 ITC Proceedings

 Eibel case study
 Other Cases Control Beyond a Patent's Scope
 Exhaustion o "Unconditional" o "Sale" o "In the U.S." o Implied Licenses
 Antitrust o (1) Tying Agreements (Illinois Tool) o (2) Defrauding the patent office (Walker Process) o (3) Sham Suits o (4) Predatory Innovation?
o (5) Reverse Payments o See also patent pools under patent misuse (Princo)
 Temporal Extensions
 Licensee Estoppel
 Assigner Estoppel
 Patent Missuse o Patent Pools o Tying Agreements Inventorship
 General Rule
 Judicial Correction
 Joint Inventors Assignment and Ownership
 Assignment vs. License
 Patent Recording Statute
 Employed Inventors
 Federal Ownership - Bayh-Dole Act

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