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Study on case of BMC Resource, Inc. v. Paymentech, L.P.

  • DONG-A LAW REVIEW
  • 2013, (61), pp.457-481
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Lee woosug 1

1경성대학교

Accredited

ABSTRACT

One of the most important principles of Patent Law is the all-elements rule in both Korea and U.S.A.. Under the all-elements rule in patent law, the infringement of patent is occurred only case which a single reference carry out every claimed element. Computer invention -such as business model invention- is easily executed by many persons. Though many person execute Computer invention, according to all-elements rule anyone who execute Computer invention don’t bear the responsibility of infringement. But it is unreasonable that man who conspire to infringe patent and execute invention don’t hold liability. The point that is discussed with in this paper is which condition can make the responsibility in divided execution. As to this matter, the US Court of Appeals for the Federal Circuit has offered important standard in BMC Resource, Inc. v. Paymentech, L.P., in 2007. In this papers, Background, theoretical develop and subsequent reports of the leading case is described. The grounds in the leading case will help theoretical study in this field, in korea.

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