Date of Award

2014

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Keywords

patent, intellectual property, remedies, property, liability, economics, commerce, commercialization, trolls, patent trolls, non-practicing entities, practicing entities, Canadian patent law, United States patent law, U.S. patent law, United Kingdom patent law, U.K. patent law, accounting for profits, accounting of profits, disgorgement, lost profits, royalty, reasonable royalty, property rules, liability rules, access to justice, innovation, invention, property remedies, liability remedies

First Advisor

Mgbeoji, Ikechi M. C.

Abstract

This work examines the scope of non-practicing entity behavior and whether the debate on remedies can lead to changes that encourage the goals behind a patent system. Innovation is often the stated goal but the significance of innovation commercialization is often ignored. Furthermore, there has been an increase in business models that involve alternate means of monetizing patents, not all of which were contemplated in the purpose of the patent system. Using the goals of the patent system as a backdrop, this work provides an overview of the impact of remedies available to courts in Canada, the United Kingdom, and the United States on patent systems. The courts have the tools in each jurisdiction to grant remedies appropriate to the infringement. However, systemic limitations in each patent system often prevent the courts from reviewing disputes.

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