Patent Happenings, April 2010

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The April 2010 edition of Patent Happenings,® written by the author of the Annotated Patent Digest, presents concise summaries of important developments in U.S. patent law occurring during the months of January through March 2010. Developments include:

1) Post Seagate cases show that the failure to obtain an opinion of counsel still weighs heavily in determining whether to enhance damages;

2) Using royalty rates in licenses given to settle infringement actions as evidence of a royalty rate in a hypothetical negotiation;

3) Accused infringer’s failure to challenge scope of a permanent injunction when appealing a final judgment precluded later challenge to the injunction’s scope when defending against a charge of contempt;

4) Federal Circuit overrules PTO’s methodology of calculating patent term adjustments where Period A delays “overlap” Period B delays.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Matthews, Jr., Matthews Patent-Law Consulting | Attorney Advertising

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