Document Type
Perspective
Publication Title
Emory Corp. Governance & Accountability Rev. Perspectives
Publication Date
1-1-2016
Abstract
After reading some alarmist articles regarding the Federal Circuit's recent rulings on patent infringement suits, in which the court pierced the corporate veil, Zachary Fialkow decided to review the cases and form his own opinion. The articles posit that the Federal Circuit has extended liability to corporate officers through piercing the corporate veil, despite veil-piercing traditionally applying to shareholders. Fialkow argues that these conclusions result from confusing liability for someone who is both an officer and a shareholder with liability for someone who is just an officer. Ultimately, Fialkow makes the distinction that the Federal Circuit's erroneous belief that finding any employee personally liable for corporate activities is considered piercing the corporate veil is merely dicta. In fact, the Federal Circuit has not created a new set of rules for personal liability in patent infringement.
First Page
1001
Volume
4
Recommended Citation
Zachary Fialkow,
Veiled' Threats of Liability: Exploring Whether Patent Law Actually Sets a Different Standard for 'Piercing the Corporate Veil',
4
Emory Corp. Governance & Accountability Rev. Perspectives
1001
(2016).
Available at:
https://scholarlycommons.law.emory.edu/ecgar-perspectives/24