Topic: federal patent law preempts state-law tort liability for a … · Go Syfert
← All topics

Topic #22446

3 canonical passages across 3 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Globetrotter Software, Inc. v. Elan Computer Group, Inc..

#Case FlagCanonical passage Citers
1 Globetrotter Software, Inc. v. Elan Computer Group, Inc. Anchor
ca3 · 2004
green “federal patent law preempts state-law tort liability for a patentholder's good faith conduct in communications asserting infringement of its patent and warning about potential litigation.” 7
2 Zenith Electronics Corporation, and Elo Touchsystems, Inc. v. Exzec, Inc.
cafc · 1999
green “bad faith must be alleged and ultimately proven, even if bad faith is not otherwise an element of the tort claim.” 6
3 Virtue v. Creamery Package Manufacturing Co.
· 1913
green “patents would be of little value if infringers of them could not be notified of the consequences of infringement, or proceeded against in the courts. such action, considered by itself, cannot be said to be illegal.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check