Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more
8/22/2016
/ America Invents Act ,
Claim Construction ,
En Banc Review ,
Enhanced Damages ,
Federal Rules of Civil Procedure ,
Halo v Pulse ,
Hospira ,
International Trade Commission (ITC) ,
Patent Litigation ,
Pharmaceutical Patents ,
Seagate ,
Twombly/Iqbal Pleading Standard ,
Willful Infringement
On June 13, 2016, the Supreme Court eliminated the rigid test for enhanced damages that the Federal Circuit had erected in In re Seagate Technology LLC. The Supreme Court held that, under 35 U.S.C. 284, district courts have...more
6/15/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Judicial Discretion ,
Patent Infringement ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Stryker v Zimmer ,
Willful Infringement