The United States Patent and Trademark Office (USPTO) recently issued several notices excusing certain filing deadlines and fees to ease the burden on patent filers during the COVID-19 pandemic. But because these relief...more
The United States Patent and Trademark Office (USPTO) recently issued several notices excusing certain filing deadlines and fees to ease the burden on trademark filers during the COVID-19 pandemic. But because these relief...more
For many years, circuit courts have been split over whether a copyright must be registered before it can be the subject of an infringement suit. This disagreement has led to forum shopping, questions about the value of...more
In recent years, the Supreme Court has repeatedly rejected the Federal Circuit’s strict tests concerning monetary relief in patent cases in favor of more fluid standards that commit discretion to the district courts. In...more
6/17/2016
/ 35 U.S.C. § 284 ,
Abuse of Discretion ,
Enhanced Damages ,
Halo v Pulse ,
Highmark v. Allcare ,
Judicial Discretion ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
SCOTUS ,
Seagate ,
Willful Infringement
The Federal Circuit’s high rate of reversal of district court claim constructions is well documented. The de novo standard of review applied by the Federal Circuit to all aspects of claim construction has played a large part...more
1/22/2015
/ Claim Construction ,
Clear Error Standard ,
De Novo Standard of Review ,
Federal Rules of Civil Procedure ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
SCOTUS ,
Teva v Sandoz