Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
The U.S. International Trade Commission has issued an exclusion order barring importation of certain older model Apple products for infringing a Samsung patent. The case is significant because the infringed patent was...more
Defenses based upon a patentee’s failure to provide reasonable and non-discriminatory (RAND) license terms are becoming a bigger issue and more common as more patentees sue companies on patents they claim are essential to...more
When considering the optimal forum for bringing a patent infringement case in the US, litigators may find it useful to take into account not only client exposure and received wisdom, but also statistical information about the...more
On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more
On May 1, 2013, in Versata Software, Inc. v. SAP Am., Inc., the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Moore) affirmed-in-part, vacated-in-part and remanded-in-part the district court's judgment that...more
Embertec and Energy Efficient Technologies (EETECH) are competitors in the market for the sale and supply of standby power controllers (SPCs). On 14 August 2012 Embertec applied for an interlocutory injunction based on a...more
If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more
In This Issue: *News From the Bench - Enough Already, Supreme Court Tells Petitioner in Mythology-Laced Opinion. - Divided Fed. Circuit Affirms Patentability of Claims to a 12-Can Dispenser Carton. -...more
In This Issue: • Owner of “WOULD YOU RATHER...?” Wins $8.3 Million • PC ON A STICK Is Not Merely Descriptive • Sonoma Wine Producer Wins Geographically Limited Injunction • Brand Owners Awarded Favorable Damages...more
In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more
Europe’s courts take sides in standards patent disputes - When a patent becomes essential for a product to operate according to industry standards—say, for a cellphone to connect to a 3G network—patent protection can...more
Introduction - Often, an industry-adopted technical standard includes technology covered by patents, and the owners of these patents agree to license the patents on fair, reasonable, and non-discriminatory (FRAND) terms as...more
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