TITLE

Balancing Acts: Using a Mixed Test to Ensure Better Results in Rule of Reason Patent Misuse Analysis within Section 337

AUTHOR(S)
SHELBOURNE, SYVIL
PUB. DATE
June 2011
SOURCE
Marquette Intellectual Property Law Review;Jun2011, Vol. 15 Issue 2, p486
SOURCE TYPE
Academic Journal
DOC. TYPE
Opinion
ABSTRACT
The author discusses tensions faced by the Federal Circuit in reviewing the International Trade Commission's (ITCs) patent misuse decisions that address § 337 claims. It provides relevant background information by explaining § 337, administrative power and function of the ITC under 337 and the Federal Circuit's jurisdiction and deferential stance. It examines both per se and rule of reason patent misuse defenses as well as the Federal Circuit's treatment of patent misuse defenses.
ACCESSION #
67154636

 

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