Brief of Amici Curiae Qualcomm Inc. v. Tessera, Inc.

Name
Brief of Amici Curiae Qualcomm Inc. v. Tessera, Inc.
Cite
Qualcomm Inc. v. Tessera, Inc. Brief
Year
2006
Bluebook cite
Brief of Amici Curiae Qualcomm Inc. v. Tessera, Inc. in Support of Respondent at 8-11, eBay, 126 S. Ct. 1837 (No. 05-130)
Author
URL
Item Type
Amici Curiae Brief
Summary
I. Petitioners' Description of the Patent Marketplace Is Inaccurate and Unsupported by Any Evidence ... 4

II. eBay In Effect Asks The Court to Overrule Conti-nental Paper Bag and Hold That Issuance of a Final Injunction Depends in Part on Whether the Patentee is Practicing the Invention ... 11

A. The Central Holding in Continental Paper Bag Was Sound and Is As Valid Today As It Was Then ... 14

B. The Limitation on Injunctions Urged by eBay is Illusory and Impracticable ... 19

III. The Conflicting Policy Arguments Regarding the Balance of Rights in the Patent Marketplace Are Properly Addressed by the Legislative - Not the Judicial - Branch ... 20

Excerpts and Summaries

Created
Thursday 13 of August, 2009 14:25:03 GMT
by Unknown
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Thursday 13 of August, 2009 14:25:03 GMT
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