American

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Welcome to SLPR Online

SLPR Online, our new online platform, integrates our well-established print journal with a more timely publication model. Our online journal will allow authors to publish short, academic articles on current topics to a wide readership. ... Read more about Welcome to SLPR Online

  • November 29, 2013

The Hypothetical Negotiation and Reasonable Royalty Damages: The Tail Wagging the Dog

John C. Jarosz
Michael J. Chapman

Reasonable royalty damages are the predominant form of relief awarded in patent infringement cases and, of late, have been a lightning rod for assertions that the patent protection system is out of control. The primary tool used to assess reasonable royalty damages is the hypothetical negotiation construct arising from the seminal Georgia-Pacific Corp. v. United States Plywood Corp. decision in 1970.... Read more about The Hypothetical Negotiation and Reasonable Royalty Damages: The Tail Wagging the Dog

  • August 29, 2013
  • Stan. Tech. L. Rev. 769

The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study

Jason Rantanen

In 2007, following the Supreme Court’s first opinion addressing obviousness in the Federal Circuit era of patent law, Rebecca Eisenberg and Harold Wegner, two of the most prominent voices in patent law, offered competing predictions about the effect KSR International Co. v. Teleflex, Inc. would have on the Federal Circuit’s obviousness jurisprudence. Seeing KSR as part of a broader admonishment against the use of rigid rules rather than providing any substantive guidance, Eisenberg foresaw a future in which KSR changed what the Federal Circuit said about obviousness but not what it did.... Read more about The Federal Circuit's New Obviousness Jurisprudence: An Empirical Study

Driving Performance: A Growth Theory of Noncompete Law

On Amir
Orly Lobel

Traditional law and economic analysis views postemployment restrictions, ranging from noncompete agreements to intellectual property controls over an ex-employee’s knowledge and skill, as necessary for economic investment and market growth. The orthodox economic analysis theorizes that without such contractual and regulatory protections, businesses would underinvest in research, development, and human capital. This Article challenges the orthodox analysis by introducing both behavioral dimensions and endogenous growth effects of job mobility over time.... Read more about Driving Performance: A Growth Theory of Noncompete Law

  • August 29, 2013
  • 16 Stan. Tech. L. Rev. 1

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