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20 Fed. Cir. B.J. [i] (2010-2011)

handle is hein.journals/fedcb20 and id is 1 raw text is: The 1 Letter to the Editor: Considering Biski Federal Circuit 5 A Proposal for a Good-Faith Offer Standard for Evaluating Allegations of Willful Infringement-with Bar Thanks to Major League Baseball journal JAMES E. HOPENFELD Introduction * 5 CONTENTS I. The Pre-Seagate Scheme and Its Problems * 9 II. Seagate, the New Objective Standard for Willfulness, and Its Problems * 16 III. The Current Proposals for Reform and Their Problems * 21 IV. A Better Way-The Good-Faith Offer Standard * 27 Conclusion * 46 47 Consideration of Patent Validity in Antitrust Cases Challenging Hatch-Waxman Act Settlements GERALD SOBEL I. Introduction * 47 A. Preface 47 B. Hatch-Waxman Settlements in Context * 49 C. Hatch-Waxman Settlement Decisions and Cases * 52 II. Legal & Policy Obstacles * 61 A. The Patent Right and Antitrust Law * 61 B. Settlement Policy and Patent Challenges * 69 C. Speculation About the Future Outcome of a Suit * 71 D. Attorney-Client Privilege * 73 E. The Right to Petition * 74 Conclusion * 76 79 In Search of Reasonable Compensation: Patent Infringement by Defense Contractors with the Authorization and Consent of the U.S. Government TIMOTHY R. WYATT Introduction * 79 I. Development of Immunity for Defense Contractors from Patent Infringement Claims * 81 II. The Path to Zoltek and the Erosion of Patent Rights * 84 III. Commentary and Reaction to Zoltek * 90 IV. Post-Zoltek Protection of Patent Owners * 93 Conclusion * 98

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