Perspectives on Patents: Hearing Before the Subcommittee on Intellectual Property of the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, First Session, April 25, 2005, 4. sējums

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93. lappuse - Congress shall have the power .... to promote the progress of science, and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.
162. lappuse - A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple dependent claims shall be presumed valid even though dependent upon an invalid claim. The burden of establishing invalidity of a patent or any claim thereof shall rest on the party asserting such invalidity.
129. lappuse - Fuer Nutzfahrzeuge GmbH v. Dana Corp., 383 F.3d 1337 (Fed. Cir. 2004). While the Court did rule that it is inappropriate for the trier of fact to draw an adverse inference with respect to willful infringement when a defendant has not obtained legal advice or invokes the attorney-client privilege, the decision leaves untouched the duty of due care and the circumstances which give rise to such duty.
162. lappuse - USC 282 Presumption of validity; defenses A patent shall be presumed valid. Each claim of a patent (whether in independent, dependent, or multiple dependent form) shall be presumed valid independently of the validity of other claims; dependent or multiple dependent claims shall be presumed valid even though dependent upon an invalid claim. Notwithstanding the preceding sentence, if a claim to a composition of matter is held invalid and that claim was the basis of a determination of nonobviousness...
93. lappuse - Century Competitiveness, Committee on Education and the Workforce US House of Representatives "Welfare Reform: Success in Moving Toward Work" October 16, 2001 Mr. Chairman and Members of the Subcommittee: Thank you very much for inviting me to testify today.
162. lappuse - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
140. lappuse - Office (USFTO) in examining patent applications, variously attributing the alleged deterioration to inadequate time for examiners to do their work, lack of access to prior art information, or the qualifications of the corps of examiners. The claim that quality has deteriorated in a broad and systematic way could be, but has not been, empirically tested.
130. lappuse - ... a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
138. lappuse - Research Council is the operating arm of the National Academy of Sciences, National Academy of Engineering, and the Institute of Medicine of the National Academies, chartered by Congress in 1863 to advise the government on matters of science and technology.
129. lappuse - Patent Infringement, 15 Fed. Cir. BJ 227 (2004). Additional problems arise from the Federal Circuit's opinion in Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F2d 1380 (Fed. Cir. 1983). The decision speaks of an accused infringer having an affirmative duty to exercise due care to determine whether he or she is infringing once given notice of another's patent, including the duty to seek and obtain competent legal advice from counsel. This permits patent owners to "game...

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