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.
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The Boston College Law Review is pleased to publish the May 2014 issue. Here are summaries of this issue’s Articles and Notes: […]
Volume LVI Board of Editors Announced
We are pleased to announce the Board of Editors for the 2014-2015 academic year: Volume 56 Board of Editors […]
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