Topic Archives: constitutionality

The Purpose of Copyright? Examining the Retracted Republican Study Committee Brief

Last Fall, Derek Khanna, then an intern at the Republican Study Committee (RSC) released a policy brief concerning copyright entitled “Three Myths about Copyright Law and Where to Start to Fix it.” Khanna insisted, based on a textualist reading of … Continue reading

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District Court Finds Qui Tam Provision in Patent False Marking Law Unconstitutional: Unique Product Solutions v. Hy-Grade Valve

35 U.S.C. § 292 is known as the Patent False Marking Statute and contains two subsections.  Subsection (a) says that it is unlawful, without the consent of the patentee, “to mark a product with, or use in advertising, a patent number … Continue reading

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