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  • Unknown Futures and the Known Past: What Can Patent Learn from Copyright in the New Technological Age?

    Courts often compare patent and copyright law, and they frequently apply patent doctrine in copyright cases. For example, the Supreme Court has used patent law to devise the test for secondary liability in copyright, noting that the copyright rule reflects the Patent Act’s balancing of the "public interest in access to [an] article of commerce" and incentivizing innovation. Courts have also imported patent misuse standards into copyright law. The Supreme Court has, however, warned against blanket cross-application of patent and copyright law.

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