About this document
Patent Invalidity Versus Noninfringement: 99 Cornell Law Review - (Forthcoming 2013) Roger Allan Ford by Shailesh Kumar is a document available to read on EtoBox.
The article analyzes how patent defendants are often incentivized to argue non-infringement instead of invalidity due to various tradeoffs and asymmetries between the two defenses. This can exacerbate the problem of invalid patents remaining in force. Reforms are proposed, such as eliminating the elevated burden of proof for invalidity and allowing bifurcation of infringement and validity issues, to help restore the balance between the defenses.
- Author
- Shailesh Kumar
- Language
- EN