HOW THE U.S. COURTS VIEW THE RIGHTS OF INDIVIDUAL PATENTEES: A CASE STUDY

摘要

This article presents a case study of patent litigation involving an individual academic inventor and three manufacturers that were using her invention and marketing it worldwide. The article provides an overview of the invention, the patent covering it, and the manner in which the case was handled at different levels in the U.S. courts. A brief discussion of the recent trends in restricting patent litigation and some recommendations for improving and streamlining the process are provided. In addition, some of the possible impacts of implementing recently suggested measures that bear on the ability of individual and academic inventors to assert their patent rights are also discussed.