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District Court in Alabama Rejects Inexorable Flow Theory of Lost Profit Damages

On January 28, 2020, the Northern District of Alabama granted-in-part a defendant’s motion for summary judgment, holding that the plaintiff could not recover damages based on a theory of lost profits because the plaintiff...more

Authorized Sale of a Product Does Not Exhaust Patent Rights Against Upstream Parties in the Chain of Commerce

A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more

Ten-Year Silence After Initial Cease-and-Desist Letter Is Sufficiently Misleading as to Provide Basis for Equitable Estoppel

The District Court for the Central District of California recently found that plaintiff Akeso Health Sciences, LLC’s 10-year delay in filing its patent infringement claims justified granting defendant Designs for Health,...more

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