Intellectual Property Articles

May 2013 A recent ruling in a New Jersey federal court will no doubt serve as a warning for litigants who decline to employ the [...]

March 2013 Seventh Circuit Judge Richard Posner is one of the foremost legal scholars in the United States, particularly on economic matters. He has written [...]

October 2012 In re: Apple vs. Motorola, the parties sued each other for patent infringement involving smartphones.   Seventh Circuit Judge Richard Posner, sitting by designation, [...]

September 2012 In LaserDynamics v. Quanta Computer, Case No. 11-1440 (Aug. 30, 2012) the U.S. Court of Appeals for the Federal Circuit overturned an $8.5 [...]

September 2012 This week, the Securities and Exchange Commission (SEC) released a report required by Section 917 of the Dodd-Frank Wall Street Reform and Consumer [...]

June 2012 Patent law (35 U.S.C. § 284) allows for lost profits in patent infringement cases, but requires damages of at least a reasonable royalty [...]

November 2011 Lost profits are typically understood to yield higher damages than reasonably royalties, but this is not always the case. Higher reasonable royalty damages [...]

November 2011 The District Court appointed an independent expert on the issue of damages pursuant to Rule 706 of the Federal Rules of Evidence. The [...]

October 2011 In early September 2011, a trial court ordered a new trial involving a jury verdict in which Oracle obtained a $1.3 billion verdict [...]

October 2007 In September, the House of Representatives approved the most sweeping changes to the United States patent law in over 50 years. If ultimately [...]

September 2007 In a landmark decision that overturns long-standing precedent, the Court of Appeals for the Federal Circuit (CAFC) unanimously heightened the test to determine [...]

November 2006 In Aero Products vs. Intex Recreation (no. 05-1283, Fed Cir. October 2, 2006), the Court held that damages arising from the same sales [...]

July 2009 A jury in the Eastern District of Texas found that Abbott Laboratory’s best-selling drug, Humira, violated a patent on Johnson & Johnson’s Remicade. [...]

July 2007 Calculating patent infringement damages just got harder, and the allowable damages a lot larger. The Court of Appeals for the Federal Circuit (CAFC) [...]

May 2009 The Supreme Court in eBay v. MercExchange, 547 U.S. 388 (2006) overturned the Federal Circuit’s “general rule” of automatically issuing a permanent injunction [...]

April 2011 In monetary terms, the biggest decision made by the Supreme Court in the current session is a case that they decided NOT to [...]

April 2010 In ResQNet.com, Inc. v. Lansa, Inc., Nos. 08-1365, -1366, 09-1030 (Fed. Cir. Feb. 5, 2010), the United States Court of Appeals for the [...]

January 2011 The Federal Circuit ruled in Uniloc USA, Inc. v. Microsoft Corp. (January 4, 2011) that the widely used but fatally flawed 25 percent [...]

July 2006 The U.S. Patent and Trademark Office (PTO) has been allowing patents on tax strategies.  So far, the PTO lists 43 issued patents, and [...]