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- Title
PATENT INFRINGEMENT DEMAND LETTERS: DOES NOERR-PENNINGTON OR THE FIRST AMENDMENT PREEMPT STATE-LAW LIABILITY FOR MISLEADING STATEMENTS?
- Authors
Riedel, Eric J.
- Abstract
The article focuses on the evolution of petitioning immunity such as preemption based on the Petition Clause which apply tangential to a claim of patent infringement. It mentions that consequence of the U.S. Court of Appeals for Federal Circuit precedent stating that the Petition Clause of the First Amendment preempts any state-law liability based on an assertion of one's patent rights with the Noerr-Pennington doctrine, which originated in the context of antitrust.
- Subjects
PATENT infringement; UNITED States. Constitution. 1st Amendment; LEGAL liability; ANTITRUST law; UNITED States. Court of Appeals (Federal Circuit)
- Publication
Berkeley Technology Law Journal, 2016, Vol 31, p623
- ISSN
1086-3818
- Publication type
Article
- DOI
10.15779/Z387G2K