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Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro: 425 U.S. 273: 1976
Bonito Boats sought damages, injunctive relief, and an award of attorney's fees under the Florida law. [4] The Circuit Court granted Thunder Craft's s motion to dismiss the complaint on the ground that the statute conflicted with federal patent law, and was therefore invalid under the Supremacy Clause of the Federal Constitution.
The Invention Secrecy Act of 1951 (Pub. L. 82–256, 66 Stat. 3, enacted February 1, 1952, codified at 35 U.S.C. ch. 17) is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present an alleged threat to the economic stability or national security of the United States.
In law, Kirtsaeng has had the effect of causing a fresh look at the issue of "international exhaustion" in the patent context.The Federal Circuit in the 2001 Jazz Photo v. . US International Trade Commission case had held that lawful sales of patented goods outside the US did not give rise to patent exhaustion inside the U
Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct. In the case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory safe harbor defense to infringement.
The on-sale bar is an extraordinarily (some would argue needlessly) complex body of patent law in all but the simplest cases. [1] For instance, licenses are normally not considered a sale, even when a sample product is transferred as part of the license, but a computer software license is considered a barring sale even if the patent claims are ...