The Yale Law Journal

Andrew Blair-Stanek

Note

Profits as Commercial Success

Andrew Blair-Stanek

117 Yale L.J. 642 (2008).

Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof of the patent’s validity. Relying on misguided economic reasoning, most courts use revenue as the primary yardstick for commercial success. This Note argues that courts i…