2012Journal of Intellectual Property Law & PracticeRequires access

Balancing the weight of patent infringement and damages

Curtis W. Hayes

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Abstract

This article looks at the application of the relatively rarely-used defence to patent infringement of prior use and the defence to damages for infringement on the basis that the infringer was not reasonably aware of the existence of the patent.

About this research paper

What this paper is about

This article looks at the application of the relatively rarely-used defence to patent infringement of prior use and the defence to damages for infringement on the basis that the infringer was not reasonably aware of the existence of the patent.

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Available abstract

This article looks at the application of the relatively rarely-used defence to patent infringement of prior use and the defence to damages for infringement on the basis that the infringer was not reasonably aware of the existence of the patent.

Key concepts: Damages, Patent infringement, Business, Law and economics, Patent law, Law, Economics, Intellectual property

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