New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | November 9, 2021
In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law. In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on these cases and provide guidance for practitioners regarding the influence of lost profits damages over other issues in patent cases.
By Wendy R. Stein and Donald R. Bunton | November 5, 2021
This article discusses six court decisions issued in 2021, along with related implications for patentees and alleged infringers.
By ALM Staff | October 22, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By ALM Staff | October 21, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Rob Maier | September 20, 2021
In his Patent and Trademark Law column, Rob Maier discusses the recent Supreme Court case 'Minerva Surgical v. Hologic,' and writes that "while the court rejuvenated the aging doctrine, it also limited the scope of its application, permitting assignors in certain situations to challenge the validity of the assigned patent in situations where fairness principles should allow."
By ALM Staff | September 2, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Rob Maier | July 28, 2021
In this edition of his Patent and Trademark Law column, Rob Maier discusses the Supreme Court's decision in 'United States v. Arthrex', which had the potential to upend the U.S. patent litigation landscape. However, rather than topple the PTAB and its patent invalidation proceedings, the court preserved it and its administrative patent judges' decisions in IPR proceedings.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | July 13, 2021
In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady discuss 'American Axle & Mfg. v. Neapco Holdings', where the Supreme Court is considering a petition in a Patent Act §101 case in which the Federal Circuit split six-to-six in denying rehearing en banc. The Supreme Court recently called for the views of the Solicitor General.
By ALM Staff | June 22, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
New York Law Journal | Analysis
By Rob Maier | May 25, 2021
In his Patent and Trademark Law column, Rob Maier discusses Wi-LAN v. Sharp Electronics—a "cautionary tale for patent plaintiffs to do everything within your power, and then some, to ensure your evidence of infringement will not be excluded as hearsay."
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