International Upheaval: Patent Independence Protectionists and the Hague Conference

By: Kyle Grimshaw

International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.

Cite: 2001 Duke L. & Tech. Rev. 0020

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