The winged gudgeon - an early patent controversy

Article Abstract:

The winged gudgeon was the subject of an early US patent controversy which ultimately led to a libel suit against the US Superintendent of Patents, William Thornton. Thornton, who had originally issued the patent, subsequently decried the actions of patentee Michael Withers. Withers was suing mill operators for royalties based on his patent. Thornton publicly stated that he viewed the patent as invalid. Withers brought a libel suit in 1827, possibly because he may have realized a court could declare the patent invalid and he wanted to find a way to discredit Thornton.

History, Intellectual property, Mills and mill-work, Mills

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An economic incentives analysis of the jury's role in patent litigation

Article Abstract:

Jury control devices can be used to promote jury accuracy in identifying the enforceable limits of patents and allowing enforcement up to that limit. From an economic point of view, allowing enforcement up to the enforceable limit promotes the benefits of innovation and licensing and minimizes the inefficiencies of rent seeking, monopoly profits and deterring other innovators. Jury control devices, other than eliminating jury involvement, include jury education, interim summations and improved jury instructions.

Analysis, Cases, Law and fact, Jury, Juries

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