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Notes on reading # 6

Notes on reading # 6 - US patent-law reform update November...

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US patent-law reform update November 2009 1. Introduction Whenever there is a change in administrations, there will be an increase in legislative activity as the administration attempts to fulfill the promises the president made while running for office. President Obama’s domestic agenda - Reforming health care - Patent law reform as well - New laws being proposed in congress 2. Most important developments in patent-law reform in 2009. A. Damages reform Position A: Jury awards in patent infringement cases are too high, which has the effect of hindering innovation. Position B : The existing laws are adequate to address any individual jury verdict that is unjustifiably high. Action 1: US federal government is leaning towards strengthening existing patent-damages laws rather than creating new ones. Action 2: The existing patent laws say very little about how damages are to be calculated. The courts have been the primary source for establishing how damages should be assessed after a finding of infringement liability has been made.
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