Intellectual Property Quarterly Newsletter, Summer 2008


In this issue:

*Note from the Editors

*Knocking Infringement Out of Joint: Infringement Liability in the Wake of BMC Resources, Inc. v. Paymentech, L.P. and Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc.

*Reexamination Filings Continue Their Upward Trend


*Don’t Be an Easy Mark: Steps to Avoid Substantial Damages for False Patent Marking

*Intellectual Property Practice News

Note from the Editors

After going “green” in our last edition (which contained companion pieces about Cleantech IP issues), we decided to focus this issue on a more traditional “green” in analyzing patent issues that will help decide the allocation of financial resources in the eternal struggle between patentees and alleged infringers. In this regard, we look at the issue of who, if anyone, is liable for damages when multiple actors perform different steps of a claimed invention (in “Knocking Infringement Out of Joint”). We also provide insight for patentees wishing to avoid damages for false patent marking (in “Don’t Be an Easy Mark”). Finally, we offer the latest installments of our continuing features on recent trends in reexaminations (“Reexamination Filings Continue Their Upward Trend”) and how courts are applying the eBay decision in deciding whether to enjoin adjudicated infringers (“eBay Scorecard”).

As always, we hope that you find this overview of IP issues enlightening. And stay tuned for instant MoFo updates when important decisions – such as the Supreme Court’s ruling on patent exhaustion in Quanta v. LGE and the Federal Circuit’s upcoming opinion in In re Bilski– are handed down.

Please see full newsletter for more information.

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Written by:


Morrison & Foerster LLP on:

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