Results 231 to 240 of about 237,545 (274)
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SSRN Electronic Journal, 2022
In 2005, the Food and Drug Administration required the use of chlorofluorocarbon-free propellants in albuterol inhalers. But 3M held patents on the only U.S.-approved chlorofluorocarbon-free inhaler. The agency’s regulations forced multiple generic albuterol manufacturers to choose between infringing 3M’s patents or exiting the market.
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In 2005, the Food and Drug Administration required the use of chlorofluorocarbon-free propellants in albuterol inhalers. But 3M held patents on the only U.S.-approved chlorofluorocarbon-free inhaler. The agency’s regulations forced multiple generic albuterol manufacturers to choose between infringing 3M’s patents or exiting the market.
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Infringing Acts and ‘Literal Infringement’
2011Abstract This chapter studies infringing acts and literal infringement. There are four conditions that must be met for there to be trespass on a patent monopoly: an infringing act must be done; the subject of the act must fall within the technical scope of the patent monopoly; the act must be done at the requisite time; and the act must ...
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Infringement: Preliminary Matters
1998Abstract As has been discussed above, intellectual property rights are granted on a national basis, along the lines of the national intellectual property statutes. It is quite normal though for these intellectual property rights to be exploited internationally.
James J Fawcett, Paul Torremans
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Journal of American Constitutional History
The Second Amendment’s operative clause instructs that “the right of the people to keep and bear arms shall not be infringed.” Although the Supreme Court has given careful attention to most of the Second Amendment’s text, its final words—“shall not be infringed”—remain unexplored, despite their identification by the Court as the amendment’s ...
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The Second Amendment’s operative clause instructs that “the right of the people to keep and bear arms shall not be infringed.” Although the Supreme Court has given careful attention to most of the Second Amendment’s text, its final words—“shall not be infringed”—remain unexplored, despite their identification by the Court as the amendment’s ...
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2022
Abstract This chapter addresses fines and periodic penalty payments. Undertakings which fail to fulfil their procedural obligations during an investigation may be held responsible and fined. EU competition law provides for two types of pecuniary penalties, which, however, have ‘shared characteristics and objectives’: first, fines which ...
Ralf Sauer, Luis Ortiz Blanco
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Abstract This chapter addresses fines and periodic penalty payments. Undertakings which fail to fulfil their procedural obligations during an investigation may be held responsible and fined. EU competition law provides for two types of pecuniary penalties, which, however, have ‘shared characteristics and objectives’: first, fines which ...
Ralf Sauer, Luis Ortiz Blanco
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2016
Abstract Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?
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Abstract Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?
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Computer, 1995
Copyright protection exists in original works of authorship fixed in any tangible medium of expression. Copyright, however, does not extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied.
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Copyright protection exists in original works of authorship fixed in any tangible medium of expression. Copyright, however, does not extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied.
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2012
Recent landmark Supreme Court decisions established plausibility as the new pleading standard in a civil lawsuit. However, it is not always clear how the facts of an individual case fit into such a standard, particularly in patent infringement litigation.
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Recent landmark Supreme Court decisions established plausibility as the new pleading standard in a civil lawsuit. However, it is not always clear how the facts of an individual case fit into such a standard, particularly in patent infringement litigation.
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Infringement by Equivalents/Non-Literal Infringement
2011Abstract This chapter highlights infringement by equivalents and non-literal infringement. It is possible for an article or process to infringe a patent claim even if it does not fall within the literal meaning of the claims. There are basically two methods by which this is possible: (1) by use of a doctrine of equivalents; and (2 ...
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