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Table Of Contents

INTRODUCTION
B. Reform Proposals
1. Examination Reform
2. Doctrinal reform
3. Litigation Reforms
C. A Differential Impact on Bad Patents
1. What are Bad Patents?
2. What is Differential Impact?
A. Patent Examination
B. The Persistence of Bad Patents
1. Weak Incentives to challenge
2. Challenger Focused Model
C. Implications of the Challenger Focused Model
1. The Limited Relevance of the Probability of Success
2. High Litigation Costs Insulate Bad Patents from Challenge
3. The Uncertainties of Patent Litigation Insulate Bad Patents from Challenge
4. Information Asymmetries Insulate Bad Patents from Challenge
5. Challenges to Bad Patents are Likely to be an Undersupplied Public Good
6. Enhanced Damages and Injunctions have a Chilling Effect on Patent Challenges
D. The Limits of Challenger Focused Model
E. An Assertion Focused Model
PART III. APPLYING THE DIFFERENTIAL IMPACT TEST
A. Examination reform
1. Raising the Threshold of Non-Obviousness
2. Narrowing the Scope of Willful Infringement
3. Eliminating the Clear and Convincing Evidence Standard
4. Curtailing the Availability of Injunctions for Patent Infringement
C. Litigation reform
1. Fee-Shifting and Bounty Hunter Proposals
2. Facilitating Collective Action
3. Post Grant Review
B. A Variable Presumption of Validity
C. Multi-stage Post Grant Review
1. Stage One
2. Stage Two
3. The Balance of MPGR
D. Claim Construction and Post Grant Review
E. Disputed Features of post grant review
1. Issues of Format, Scope and Discovery
2. Window of Opportunity
CONCLUSION
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A Differential Impact Analysis of Patent Reform

A Differential Impact Analysis of Patent Reform

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Published by theharlans

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Published by: theharlans on Aug 18, 2010
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10/29/2011

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