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Federal Circuit on entire market value rule: a “necessary” or “important” feature does not demonstrate demand for the entire product

USA - August 31 2012 On Thursday, August 30, 2012, the Federal Circuit decided Laser Dynamics v. Quanta Computer, Inc. clarifying the boundaries of the entire market value rule....

Phillip Haack.


Federal Circuit holds reasonable royalty damages may exceed lost profits; incorrect petitions to make special do not meet the Therasense “affirmative egregious misconduct”

USA - November 16 2011 On Monday, November 14, 2011, the Federal Circuit in Powell v. The Home Depot U.S.A., Inc. made two significant rulings regarding patent damages and inequitable conduct....

Phillip Haack.


The U.S. Supreme Court upholds a clear and convincing evidentiary standard for patent invalidity under 35 U.S.C. 282

USA - June 10 2011 On Thursday June 9, 2011, the Supreme Court, by an 8-0 decision, held that a party challenging validity of a patent must prove invalidity by clear and convincing evidence rather than by a preponderance of evidence under 35 U.S.C. 282....

Samar K. Shah, Ryan Marton.


Patent litigation alert: recent developments and potential changes in the litigation of false marking claims under 35 U.S.C. 292

USA - March 18 2011 A number of notable developments in Patent False Marking law over the last month indicate that courts and legislators continue to focus on clarifying the reach of the law....

Erin C. Jones.