Welcome to Patent Infringment Lawyers Link (PILL), a place for lawyers who pursue patent infringment actions to share knowledge and ideas. We welcome your scholarly submissions and practice-related articles.

Patent Infringement in Government Procurement Contracts

Daniel W. Ernsberger

The unauthorized use of patents by the federal government is generally connected with procurement. The government solicits goods and services from federal contractors, and it wants the best product and service right way, and, therefore, “the government will not refuse to award a contract on the grounds that the prospective contractor may infringe a patent.”

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Indirect Profits, Causality, and Punitive Damages

Michael A. Einhorn, Ph.D

The distinction between direct and indirect profits is critical in copyright law. Direct profits in copyright arise from the sale of any media product that directly bears a reproduction or synchronization of the original work (e.g., record albums or movie soundtracks bearing infringed musical compositions). Indirect profits arise in non-infringing products or performance venues where sales might nonetheless have increased due to copyright infringement in an advertisement, promotion, or related item. (Reprinted with permission).

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