TITLE

PATENT INFRINGEMENT DEMAND LETTERS: DOES NOERR-PENNINGTON OR THE FIRST AMENDMENT PREEMPT STATE-LAW LIABILITY FOR MISLEADING STATEMENTS?

AUTHOR(S)
Riedel, Eric J.
PUB. DATE
January 2016
SOURCE
Berkeley Technology Law Journal;2016 Special Issue, Vol. 31, p623
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article focuses on the evolution of petitioning immunity such as preemption based on the Petition Clause which apply tangential to a claim of patent infringement. It mentions that consequence of the U.S. Court of Appeals for Federal Circuit precedent stating that the Petition Clause of the First Amendment preempts any state-law liability based on an assertion of one's patent rights with the Noerr-Pennington doctrine, which originated in the context of antitrust.
ACCESSION #
120485581

 

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