James Duncan

James Duncan

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

IP Newsflash - March 2016 #2

FEDERAL COURT CASES - Patent Agent-Client Communications Now Afforded Some Degree of Privilege Protection - The Federal Circuit, in a 2-1 opinion, and for the first time, recognized the protection of communications...more

3/14/2016 - Patent Agent Privilege Patent Applications

IP Newsflash - February 2016 #3

SUPREME COURT CASES - The Supreme Court Denies Cert Challenging the Use of Third-Party Registrations and Website Printouts as Evidence of Actual Use - The U.S. Supreme Court denied New Millennium Sports, S.L.U.’s...more

2/18/2016 - Apple Fashion Industry Inter Partes Review Proceedings Myriad-Mayo Patent Litigation Petition for Writ of Certiorari Trademark Litigation Trademark Trial and Appeal Board

IP Newsflash - February 2016 #2

SUPREME COURT CASES - Post-Complaint Events or Transactions Cannot Cure Prudential Standing Defects - The U.S. Supreme Court denied Alps South’s writ to review the Federal Circuit’s decision that the company lacked...more

2/8/2016 - AbbVie Apple CLS Bank v Alice Corp Inter Partes Review Proceedings Patent-Eligible Subject Matter Pharmaceutical Patents Prior Art Royalties Standing Willful Infringement Writ of Mandamus

“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

IP Newsflash - June 2015 #2

DISTRICT COURT CASES - District Court Required Identification of Prior Art in Defendant’s Counterclaim of Invalidity - In the Southern District of New York, the court granted plaintiff’s motion to dismiss...more

6/23/2015 - Apple Counterclaims Inter Partes Review Proceedings Means-Plus-Function Patent Invalidity Patent Litigation Patents Prior Art Section 101 Summary Judgment

IP Newsflash - May 2015 #5

SUPREME COURT CASES - Invalidity is not a Defense to Infringement but a Defense to Liability - This week, on May 26, 2015, the Supreme Court held in Commil USA, LLC v. Cisco Systems, Inc. that a defendant’s...more

6/1/2015 - Cisco Cisco v CommilUSA Good Faith Induced Infringement Patent Infringement Patent Invalidity Patents SCOTUS

IP Newsflash - February 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Throws Out $2 Million Award to Nvidia and Sony - Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more

3/3/2015 - Attorney's Fees Claim Construction Motorola Nvidia Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical Patents Sony

IP Newsflash - February 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Declines to Extend Patent Exhaustion Doctrine - In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more

2/16/2015 - Covered Business Method Patents Discovery Innovation Act Intellectual Property Litigation Inter Partes Review Proceedings Litigation Strategies Mobile Devices New York Times Patent Exhaustion Patent Infringement Patent Litigation Patent Reform Patent Trial and Appeal Board Patents

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

6/30/2014 - Arbitration Copyright Copyright Infringement Warner Brothers Entertainment

IP Newsflash - June 2014 #3

Federal Circuit Reinforces the Requirement to Disclose the Corresponding Algorithm for a Computer-Implemented Means-Plus-Function Term: On June 13, 2014, the Federal Circuit affirmed the Western District of...more

6/23/2014 - Computer-Related Inventions Copyright Inventors Lady Gaga Music Patent Infringement Patent Litigation Patents

IP Newsflash - June 2014 #2

FEDERAL CIRCUIT CASES - FRCP 19(a) Cannot Be Used to Involuntarily Join an Unwilling Patent Co-Owner to Infringement Litigation: On June 6, 2014, the Federal Circuit affirmed a decision by the District of New...more

6/16/2014 - Apple FRCP 19 Indemnification Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents Privity of Contract Statute of Limitations

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