Gary Colby

Enhanced Pleading Requirments Apply in Patent Marking Cases

Allegations that a party falsely marked unpatented articles with a U.S. patent number must include facts from which a court may reasonably infer that the party acted with intent to deceive the public. So held the Court of…more

| Civil Procedure, Civil Remedies, Intellectual Property, Science,...

U.S. Patent Office "Fast Track" Procedure Unveiled

The United States Patent and Trademark Office (PTO) is implementing a prioritized examination (“Fast Track”) procedure, under which patent applicants may pay a fee to obtain faster resolution of their applications…more

| Administrative Law, Intellectual Property

CAFC in Patent Damages Case: "25% Rule" is Fundamentall Flawed

This is a brief alert reporting a 4 January 2011 decision of a Panel of the Federal Circuit. In the decision, the Panel rejected use of the "25% Rule" as a basis for expert testimony relating to estimating damages in a patent…more

| Civil Remedies, Commercial Law & Contracts, Intellectual Property,...

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