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Record W1892605819 · doi:10.1093/jiplp/jpv095

Multiple patent challenges in the USA, Canada, France and the UK

2015· article· en· W1892605819 on OpenAlex
Christopher Stothers, Jennifer Sklenar, Marc Cohn, Philippe Oudinot

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueJournal of Intellectual Property Law & Practice · 2015
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicIntellectual Property and Patents
Canadian institutionsnot available
Fundersnot available
KeywordsPatent infringementPatent trollPolitical scienceLaw and economicsPatent lawBusinessLawEconomicsIntellectual property

Abstract

fetched live from OpenAlex

Many jurisdictions permit multiple challenges to the validity of a patent, including parallel proceedings in patent offices and in the courts. This has led to a number of questions about their interplay and which decisions take priority. Several jurisdictions have begun deciding on these issues, including the United Kingdom, Canada, France and particularly the United States, where they are now likely to arise more frequently due to the increased use of parallel proceedings prompted by the America Invents Act (AIA). Courts have not applied a uniform approach to deciding these issues, but seem to regard timing and party identity as relevant. These decisions underscore the need to coordinate the strategy and, where possible, the timing of parallel proceedings. The decisions have also shown that patent challengers, who typically stand a better chance of prevailing on validity challenges in patent offices, will be well served by seeking an early stay of infringement proceedings or at least ensuring that those proceedings are not finally determined before the outcome of the validity challenge. Both patentees and potential infringers will need to understand and implement strategies that account for this evolving law. Continuing developments can be expected both in the United States, due to the AIA, and in Europe with the proposed Unified Patent Litigation System, which is expected to enter into force in the next few years.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.014
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMetaresearch
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.531
Threshold uncertainty score0.994

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0040.014
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.001
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.247
GPT teacher head0.249
Teacher spread0.002 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it