David Clonts

David Clonts

Akin Gump Strauss Hauer & Feld LLP

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Supreme Court Clarifies Enhanced Damages Standard for Patent Cases

If you read one thing ... - The Supreme Court discarded the Federal Circuit’s heightened Seagate standard for awarding enhanced damages under the Patent Act. - The new standard increases the chance of an...more

6/16/2016 - 35 U.S.C. § 284 Enhanced Damages Halo v Pulse Judicial Discretion Patent Infringement Preponderance of the Evidence SCOTUS Seagate Willful Infringement

“RAND-based Damages Analysis Applies to ALL Standard Essential Patents”

If you read one thing... The Federal Circuit held that its RAND-based damages analysis applies to all standard essential patents, even when there is no RAND commitment by the patent holder....more

12/9/2015 - Cisco Patent Litigation Patent Royalties Patents RAND Standard Essential Patents

Federal Circuit Broadens the Reach of Divided Infringement

If you read one thing... - The Federal Circuit revisited the law of divided infringement under § 271(a) after the Supreme Court remanded the case, noting that the Federal Circuit may have previously been “too narrowly...more

8/25/2015 - Akamai Technologies Contract Terms Divided Infringement En Banc Review Limelight Limelight v Akamai Patent Infringement Patents Remand SCOTUS

Judge Gilstrap to Require Letter Briefing for Alice Motions Before Claim Construction

Judge Gilstrap of the Eastern District of Texas has implemented a new letter brief requirement to rein in the number of so-called “101” or “Alice” motions filed in one of the country’s busiest patent dockets. The Supreme...more

6/16/2015 - Abstract Ideas Claim Construction CLS Bank v Alice Corp Patent-Eligible Subject Matter Patents Section 101

Supreme Court Limits Induced Infringement Liability—For Now

On June 2, 2014, in Limelight Networks, Inc. v. Akamai Technologies, Inc., et al., No. 12-786, the Supreme Court unanimously rejected the Federal Circuit’s conclusion that a defendant can be liable for inducing infringement...more

6/6/2014 - Akamai Technologies Induced Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

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