A patent owner may recover monetary damages for up to six years of retroactive patent infringement. However, subject to certain exceptions described below, damages do not begin to accrue until the alleged infringer has been...more
After investing time and resources to obtain patent protection, consumer product companies should maximize their return through a well-executed patent marking plan. The details of an effective marking program must be...more
Under the patent marking statute, 35 U.S.C. § 287(a), notice can be actual, or constructive notice. Actual notice occurs when the alleged infringer is directly informed that its product infringes the patent. Constructive...more
The energy industry has seen a significant increase in the number of patents granted over the past decade. This increase tracks a growing use of new technology in areas such as exploration, production, monitoring, and...more
The America Invents Act (AIA), which was commonly referred to as the “patent reform bill,” was signed into law in 2011, rolled out in 2012 and 2013, and business owners are still wondering what, if anything, it means to them....more
As we advised previously, on September 16, 2011, the President signed the Leahy-Smith America Invents Act, the most comprehensive overhaul of the U.S. patent system in more than 60 years. Most of the changes required by the...more