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U.S. Supreme Court: New Lesser Standard for Enhanced Patent Damages

Posted on Jun 14, 2016 in Blog

In a unanimous decision issued on June 13, 2016, the U.S. Supreme Court rejected the Federal Circuit’s nine-year-old strict test for awarding enhanced damages for patent infringement, thereby making it easier for patent holders to win increased damages in court for egregious acts of infringement.

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The New Federal Defend Trade Secrets Act

Posted on Jun 2, 2016 in Blog

President Obama signed the Defend Trade Secrets Act of 2016 (S. 1890) (“DTSA”) into law on May 11, 2016, creating a new federal cause of action for trade secret misappropriation. The DTSA establishes federal jurisdiction for claims brought under the DSTA, which now provides trade secret plaintiffs with the option to sue in federal court.

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Back from the Dead: Post-Alice Case-law Revives Software Patent Outlook

Posted on May 2, 2016 in Blog

When the Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l, 134 S.CT. 2347 (2014)  that rejected patentability for algorithms, many considered this a death knell for software patents even though the ruling never once used the term “software”. Since Alice it has become nearly standard practice for courts to entertain early motions to dismiss software patent-based complaints for invalidity under 35 U.S.C. 101.

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Top 5 Considerations for Patent Owners Seeking to Assert Patents Against Infringers

Posted on Apr 8, 2016 in Blog

What do you do when someone is infringing your patent? They say imitation is the highest form of flattery, but flattery will get you nowhere when you are attempting to protect your hard-earned intellectual property rights.

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A “Buck Rogers” Partially Completed Screenplay Adaptation Is Not Sufficient Basis for a Declaratory Judgment Action

Posted on Mar 28, 2016 in Blog

In an interesting case decided in the US District Court for the Western District of Pennsylvania, the court found that a producer, who had begun a screenplay adaptation for a movie based upon the character “Buck Rogers”, and who had been threatened with a copyright infringement suit, did not have a sufficient basis to sustain a declaratory judgment action.

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The Court of Appeals for the Federal Circuit Finds Specific Jurisdiction in ANDA Patent Cases

Posted on Mar 21, 2016 in Blog

On March 18, 2016, the Court of Appeals for the Federal Circuit ruled for the first time that an ANDA filer can basically be sued anywhere unless it is unfair, widening broadly jurisdiction in ANDA cases. Mylan Inc. was sued twice in Delaware based on two ANDA filings and argued the Delaware court did not have specific or general jurisdiction over it.

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Federal Circuit Rules Regarding Exhaustion of U.S. Patent Rights

Posted on Feb 15, 2016 in Blog

In Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 14-1617 (Fed. Cir. 2016), the Federal Circuit issued an important opinion regarding patent exhaustion (the termination of a patent owner’s ability to claim infringement damages following the first authorized sale of a patented product).

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Delaware Jury Awards $37.5 Million In Damages For Infringement Of Medical Device Patent

Posted on Jan 27, 2016 in Blog

On January 26, 2016, a District of Delaware jury awarded Greatbatch Ltd. $37.5 Million in damages in the Greatbatch Ltd. v. AVX Corporation and AVX Filters Corporation (collectively “AVX”) patent litigation.

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Disparaging Trademarks May Now Be Registered

Posted on Dec 22, 2015 in Blog

In the case of In re Simon Shiao Tam (Case No. 14-1203), the United States Court of Appeals for the Federal Circuit, the court that has jurisdiction over the United States Patent and Trademark Office, struck down the provision of Section 2A of the Lanham Act which prevents registering offensive trademarks. Yes, the same provision of the Lanham Act which was used to hold invalid the Washington Redskins mark has been held to be unconstitutional.

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CR Spreads Holiday Cheer

Posted on Dec 22, 2015 in Blog

Caesar Rivise employees headed to the Support Center for Child Advocates’ toy drive headquarters on December 18th to lend a helping hand. Employee volunteers sorted, bagged, and tagged donated toys destined for local families.

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