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Back to the Future: Saving Millions with Opinions of Counsel Post-Halo

After a decade of atrophy, opinions of counsel may again be an essential part of any defensive patent strategy due to recent changes in the law. The Supreme Court in Halo overruled the Federal Circuit’s Seagate test for...more

The Supreme Court Clarifies Patent Rights After a Patented Item is Sold

On May 30, 2017, in Impression Products, the U.S. Supreme Court ruled that a patent owner’s sale of an item, either within or outside the United States, exhausts all of the patent owner’s patent rights in that item,...more

The Federal Circuit Found Direct Infringement Attributable to Physicians Where “No Single Actor Performs All Steps of a Claim"

Can a patient’s action in taking a generic drug be attributable to a physician such that it can support a finding of the physician’s direct patent infringement? According to a recent precedential opinion of the Court of...more

The Federal Circuit Adopts Classic Common Law Approach for Analyzing Patent Eligibility

On November 1, 2016, the Court of Appeals for the Federal Circuit (“CAFC”) in Amdocs (Israel) v. Openet Telecom, No. 2015-1180 (“Amdocs II”), rendered a precedential opinion with regard to the issue of patent eligibility and...more

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