Congressional Research Service Reports - 44 Matching Results

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Availability of Injunctive Relief for Standard-Essential Patent Holders

Description: This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, th… more
Date: January 10, 2013
Creator: Yeh, Brian T.
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Partner: UNT Libraries Government Documents Department
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Enforcing U.S. Trade Laws: Section 301 and China

Description: This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
Date: August 2, 2018
Creator: Morrison, Wayne M.
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Partner: UNT Libraries Government Documents Department
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Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping

Description: This report introduces and analyzes innovation and competition policy issues associated with the pharmaceutical industry. It begins with a review of the Hatch-Waxman Act and its implications upon the availability of generic substitutes for brand-name medications. The report then turns to a basic review of the antitrust law. It then addresses judicial developments with respect to reverse payment settlements and product hopping. The report closes with a summary of congressional issues and possibl… more
Date: October 7, 2015
Creator: Thomas, John R.
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Partner: UNT Libraries Government Documents Department
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Patent Law: A Primer and Overview of Emerging Issues

Description: This report begins with an overview of patent law. It then discusses the Supreme Court's role in the development of patent law generally before examining the Court's recent decisions in detail. Finally, the report closes with a preview of developments in patent law that are on the horizon, such as the continued viability of certain administrative proceedings related to the validity of patents, which is the subject of two cases scheduled to be heard during the Court's upcoming term, as well as p… more
Date: September 21, 2017
Creator: Lewis, Caitlin Devereaux & Armstrong, Kathryn B.
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Partner: UNT Libraries Government Documents Department
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Enforcing U.S. Trade Laws: Section 301 and China

Description: This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
Date: July 23, 2018
Creator: Morrison, Wayne M.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine

Description: Report that reviews the Supreme Court's 2012 Mayo Collaborative Services v. Prometheus Laboratories decision (wherein the court held that a patent claiming a method of optimizing therapies for autoimmune disease was invalid) and briefly consider its implications for innovation and public health.
Date: November 6, 2012
Creator: Thomas, John R.
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Partner: UNT Libraries Government Documents Department
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The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale … more
Date: November 16, 2010
Creator: Schacht, Wendy H.
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Partner: UNT Libraries Government Documents Department
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Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Description: The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses legislation regarding this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act) and the Stop Online Piracy Act (SOPA).
Date: December 5, 2011
Creator: Yeh, Brian T.
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Partner: UNT Libraries Government Documents Department
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Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Description: The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses the following recent draconian legislation in regard to this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act); the Stop Online Piracy Act (SOPA); and the Online Protection and Enforcement of Digital Trade Act … more
Date: January 10, 2012
Creator: Yeh, Brian T.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Enforcing U.S. Trade Laws: Section 301 and China

Description: This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
Date: June 25, 2018
Creator: Morrison, Wayne M.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation

Description: This report introduces and analyzes innovation policy issues concerning pharmaceutical patent litigation settlements, including pharmaceutical patent litigation procedures under the Hatch-Waxman Act, the concept of reverse payment settlements, the status of reverse payment settlements under the antitrust laws, and congressional issues and alternatives.
Date: January 20, 2011
Creator: Thomas, John R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, Patents, and Trade Secrets

Description: This report provides background information and issues for Congress on multiyear procurement (MYP) and block buy contracting (BBC), which are special contracting mechanisms that Congress permits the Department of Defense (DOD) to use for a limited number of defense acquisition programs.
Date: May 27, 2016
Creator: Yeh, Brian T.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Deferred Examination of Patent Applications: Implications for Innovation Policy

Description: This report provides an overview of deferred patent examination. It begins by offering a brief review of patent acquisition proceedings as well as challenges faced by the U.S. Patent and Trademark Office (USPTO). The report then introduces the concept of deferred examination. The potential positive and negative consequences of deferred examination upon the environment for innovation within the United States are then explored. The report closes by identifying salient design parameters for deferr… more
Date: May 27, 2010
Creator: Thomas, John R.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents

Description: This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act).
Date: March 7, 2013
Creator: Yeh, Brian T.
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Partner: UNT Libraries Government Documents Department
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An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

Description: This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kap… more
Date: September 17, 2010
Creator: Yeh, Brian T.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law

Description: This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens' written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works.
Date: May 14, 2010
Creator: Yeh, Brian T.
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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