Eric Kraeutler

Eric Kraeutler

Morgan Lewis

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Supreme Court Rejects Federal Circuit’s Two-Part “Objective Recklessness” Test

The decision, which affects enhanced patent infringement damages, restores the statutory discretion of district courts, whose exercise of discretion should be channeled by sound legal principles limiting the award of enhanced...more

6/14/2016 - 35 U.S.C. § 284 Abuse of Discretion Appeals Enhanced Damages Halo v Pulse Highmark Octane Fitness v. ICON Patent Infringement Patents SCOTUS Standard of Proof Standard of Review Stryker v Zimmer Totality of Circumstances Test Willful Infringement

MA Supreme Court Issues Highly Anticipated Patent Ethics Decision

Simultaneous representation by a law firm in the prosecution of patents for two clients for similar inventions is not a per se violation of the Massachusetts Rules of Professional Conduct. On December 23, in Chris E....more

12/29/2015 - Attorney Malpractice Conflicts of Interest Failure To State A Claim Legal Ethics MA Supreme Court Patent Litigation Rules of Professional Conduct

Supreme Court Alters Claim Construction Review Standard in Patent Litigation

The Court creates a hybrid standard of review. On January 20, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the U.S. Supreme Court altered the U.S. Court of Appeals for the Federal Circuit’s longstanding de novo...more

1/22/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Federal Rules of Civil Procedure Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Teva v Sandoz

Federal Appeals Court Defines “Instrumentality” Under FCPA

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of...more

5/21/2014 - Appeals Controlled Foreign Corporations DOJ FCPA Foreign Official Instrumentality SEC Terra Telecommunications

Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity

Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual...more

11/22/2013 - Anti-Corruption Compliance Cross-Border DOJ Enforcement FCPA

Lanny Breuer Touts Robust, Transparent FCPA Enforcement

Assistant Attorney General Breuer highlights transparency, global trends, and the benefits of robust compliance programs at the American Conference Institute's 28th National Conference on the Foreign Corrupt Practices Act....more

11/26/2012 - Compliance DOJ FCPA SEC

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