In This Issue:
- The New “Clear Error” Standard of Review in Patent Infringement Mediation
- Trademark Trial Appeal Board Decisions Now Have Preclusive Effect
- Engaging Panelists for Neutral Analysis Provides...more
5/20/2015
/ Clear Error Standard ,
Intellectual Property Litigation ,
Mediation ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Standard of Review ,
Teva Pharmaceuticals ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks
Parties regularly opt to keep terms, conditions and licensing agreements confidential when settling patent infringement disputes. Often, patentees do not want the license terms to serve as precedent in other assertions of the...more
The recent America Invents Act both modified and created procedures for challenging patents in proceedings before the United States Patent and Trademark Office (PTO) after they have been issued, which are called post grant...more
8/20/2014
/ America Invents Act ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Post-Grant Review ,
Prior Art ,
Settlement ,
USPTO
Two recent Supreme Court decisions changed the standards for the award of attorneys’ fees to the prevailing party in patent infringement suits. Section 285 of the Patent Act provides for the award of fees in “exceptional”...more
Most mediators will agree that a key to reaching a settlement is to have the right people in the room at the mediation. Unless all interested parties are represented by people having the authority to settle on their...more