The Federal Circuit has overturned the U.S. International Trade Commission’s longstanding interpretation of section 337(a)(3)(B). Complainant Lashify, Inc. appealed an adverse decision by the U.S. International Trade...more
The PREVAIL Act is now subject to debate before the full Senate.
The Act will require petitioners to certify standing, two new categories of which were recently added via a manager’s amendment....more
1/17/2025
/ America Invents Act ,
Article III ,
Claim Construction ,
Evidentiary Standards ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Legislation ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Standing ,
USPTO
The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act.
False marking claims under the Lanham Act...more
10/10/2024
/ America Invents Act ,
Corporate Counsel ,
Damages ,
False Advertising ,
Intellectual Property Protection ,
Inventors ,
Lanham Act ,
Misleading Statements ,
Patent Act ,
Patent Infringement ,
Patent Marking ,
Patents ,
Popular ,
SCOTUS
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