The Federal Circuit as a competition law court

Article Abstract:

The US Court of Appeals for the Federal Circuit has increasingly been claiming jurisdiction over patent-right cases. Its involvement in such cases involving antitrust and competition law is analyzed.

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Securing and enforcing patent rights: the role of Noerr/Pennington

Article Abstract:

The author examines the role of the Noerr/Pennington doctrine in patent law and concludes that the use of the doctrine may fade as the volume of patent applications increases and the validity of more patents is called into question.

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Contracting around exhaustion: some thoughts about the CAFC's Mallinckrodt decision

Article Abstract:

The Court of Appeals for the Federal Circuit's decision in Mallinckrodt, Inc v. Medipart, Inc will have far-reaching consequences for patent infringement cases by allowing greater latitude in curtailing the exhaustion doctrine. This doctrine holds that a patentee's rights have been satisfied upon a first sale and so patent infringement suits cannot follow. When Medipart reconditioned nebulizer units, Mallinckrodt charged patent infringement and won.

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