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

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
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
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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