Patent Law: An Open-Source Casebook (Chapter 7: Infringement)

Abstract

Less than a handful of casebooks are truly open source, in the sense of being fully modifiable. (i>Patent Law: An Open-Source Casebook is the first patent law casebook that provides adopting professors, students, and others the ability to fully modify its contents. This chapter of the casebook covers infringement. It addresses the element-by-element comparisons required in establishing literal infringement and infringement under the doctrine of equivalents, and also covers means-plus-function claim limitations. The chapter also explores how the statute and case law define acts of infringement. In particular, the chapter discusses the geographic locus of infringing acts, the problem of divided infringement, indirect infringement, and transnational infringement.

Keywords: patent law, patents, casebook, open source, infringement, all-elements rule, doctrine of equivalents, indirect infringement, contributory infringement, means-plus-function claims, inducement, divided infringement

JEL Classification: O30