An analysis of the patentee's new exclusive right to "offer to sell."

Article Abstract:

The 1994 Uruguay Round Agreements Act amended US patent laws and changed the infringement authority of the Patent Act, making the offer to sell a patented invention enough for infringement. This new exclusive right is qualified by requiring such an infringing offer to take place before the expiration of the patent term. Both US and foreign case law give some predictability as to how the courts will interpret "offer to sell" language, and indicate that the legislative intent was a broad construction of "offer to sell."

Offer and acceptance

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Quantity accretion: mirror image of price erosion from patent infringement

Article Abstract:

This article discusses the Panduit factors, frequently relied on by the courts to determine lost profits damages in patent infringement, and concludes that their ignorance of quantity accretion may dramatically overestimate lost profits. Further conclusions are that price erosion in patent infringement can be slight, and patentees should reasonably not seek recovery for it.

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