Holding Corporate Officers Strictly Liable Under Patent and Corporate Law

Abstract

Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional corporate, agency, and tort law doctrines. This paper argues that current case law reflects an instinctive rejection by the courts of application of strict liability to individuals. The courts' subconscious attempts to reach liability standards and outcomes that are fault-based, rather than strict, for corporate officers have caused the courts to create sui generis liability rules that are at odds with traditional doctrine. The courts could reach similar outcomes on doctrinally sound grounds by looking explicitly at intent-based liability rules.