Abstract: On April 20, 2011, the U.S. Court of Appeals for the Federal Circuit in TiVo Inc. v. EchoStar Corp. overruled KSM Fastening Systems, Inc. v. H.A. Jones Co. and outlined a new analysis for patent injunction contempt proceedings when an adjudged infringer has modified an infringing product. In doing so, the court balanced two competing policies: protecting patentee’s exclusive rights through effective, inexpensive patent injunction enforcement and encouraging adjudged infringers to attempt good-faith design-arounds. This Comment argues that by transforming the KSM “more than colorable differences” standard from a procedural hurdle to a substantive requirement, the Federal Circuit successfully weighed these policies, fulfilling fundamental goals of the U.S. patent system.
BCLR Moves to # 25 in Law Journal Rankings
The Boston College Law Review has moved from #26 to #25 in the annual Washington and Lee University School of Law Law […]
Alumni-Student Happy Hour, February 19
Dear BCLR Alumni, I am pleased to announce that the Boston College Law Review will be hosting its Alumni-Student Happy […]
2014 E. Supp. Now Available
We have begun posting case comments from recent federal appellate decisions to our 2014 E. Supp., which can be found […]