Shawn Leppo

Shawn Leppo

McNees Wallace & Nurick LLC

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Enhanced Patent Damages Standard Relaxed – Supreme Court Sinks Seagate

On June 13, 2016, the Supreme Court unanimously rejected the Federal Circuit’s current standard for awarding enhanced patent damages, finding it too rigid and inconsistent with the enhanced damages statute, 35 U.S.C. §284. As...more

6/14/2016 - 35 U.S.C. § 284 Abuse of Discretion Enhanced Damages Halo v Pulse Judicial Discretion Patent Infringement Patents SCOTUS Standard of Proof Standard of Review Stryker v Zimmer Willful Infringement

Federal Circuit “Tones Down” Efforts to Expand Patent Exhaustion

In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both...more

2/24/2016 - First Sale Doctrine Foreign Sales Kirtsaeng v. John Wiley & Sons Lexmark Patent Exhaustion Patent Infringement Patents Quanta Resales Agreements

The Federal Circuit Validates Strong Design Patent Protection

On May 18, 2015, a panel of the Federal Circuit Court of Appeals issued a ruling strengthening broad design patent protection in the long-running legal battle between Apple and Samsung over their competing smartphones,...more

5/28/2015 - Appeals Apple Apple v Samsung Design Patent Patent Litigation Patents Samsung Smartphones

Intellectual Property 2014 Year in Review

The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines. Who can forget the public debate over the rightful...more

2/20/2015 - Advertising Aereo Broadcasting Coca Cola Copyright False Advertising FDA FDCA Food Labeling Food Manufacturers Garcia v Google Google Intellectual Property Litigation Lanham Act Merck Music Industry NFL Nutritional Supplements Patent Trial and Appeal Board POM Wonderful POM Wonderful v Coca Cola Popular Redskins SiriusXM Standing Trademarks USPTO

Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement....more

6/5/2014 - Akamai Technologies Appeals Claim Construction Direct Infringement En Banc Review Indefiniteness Induced Infringement Limelight Networks Miniauction Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Quentin Tarantino’s Lawsuit Against Gawker: Enjoy!

Quentin Tarantino's case could ultimately turn on one little word at the end of Gawker's story...more

1/30/2014 - Copyright Copyright Infringement Fair Use Gawker Law Matters Legal Perspectives Quentin Tarantino Safe Harbors

Supreme Court Rules Patentee Always Bears Burden of Proving Infringement

In its first intellectual property ruling of the current term, the Supreme Court unanimously held on January 22, 2014 in Medtronic, Inc. v. Mirowski Family Ventures LLC that a patentee always bears the burden of proving...more

1/29/2014 - Burden of Proof Evidence Infringement Medtronic Medtronic v Boston Scientific Patent Infringement Patent Litigation Patents SCOTUS

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