In ZyXEL, the petitioner unexpectedly received a second chance to argue against the patentability of the patentee’s substitute claims, even though the U.S. Patent Trial & Appeal Board (PTAB) had already found those claims...more
While a complainant does not need to have constitutional standing to bring a complaint in the International Trade Commission (ITC), at least one complainant must be the owner or exclusive licensee of the underlying asserted...more
Discovery misconduct can be remedied not only through the sanctions available in the Federal Rules of Civil Procedure, but also potentially through the defense of unclean hands....more
4/26/2024
/ Damages ,
Federal Rules of Civil Procedure ,
Lanham Act ,
Patent Infringement ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Dress ,
Unclean Hands ,
Unfair or Deceptive Trade Practices ,
Willful Misconduct
Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never...more
9/23/2015
/ Corporate Counsel ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Oracle ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patents ,
Popular ,
Settlement Agreements ,
Young Lawyers