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Preparing to Defend a Section 337 Action: What District Court Litigators Need to Know

The U.S. International Trade Commission (“ITC” or “the Commission”) is an important venue for patentees. Cases are guaranteed a decision within sixteen months of the institution of the investigation and success provides...more

Third Circuit Nixes Presumption of Irreparable Harm in Comparative False Advertising Cases

Continuing a trend that began in 2006 with the Supreme Court’s decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third Circuit has ended the practice of presuming irreparable harm in Lanham Act...more

Federal Circuit to Judge Posner: eBay Analysis Is a Must

The U.S. Court of Appeals for the Federal Circuit (in a case that attracted a dozen amici briefs) affirmed a district court ruling by Circuit Judge Posner (sitting by designation) that the holder of the FRAND-encumbered SEP...more

Federal Circuit Rules No Per Se Prohibition Against Injunctions For FRAND-Encumbered Standard Essential Patents

On April 25, 2014, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in the appeal from Judge Posner’s ruling that denied both Motorola and Apple damages and injunctive relief in Apple Inc. v....more

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