Establishing the weight of evidence after Sciele *

USA - August 13 2012
Patents are presumptively valid under 35 U.S.C. § 282 and can be proven invalid only by clear and convincing evidence.

Co-authors: Eric Gill.

Patents issued in error are presumed valid, but evidence weighs heavily against them *

USA - August 3 2012
Patents are presumptively valid under 35 U.S.C. § 282 and can be proven invalid only by clear and convincing evidence.

Co-authors: Eric Gill.

Supreme Court confirms that generic drug manufacturers can challenge brand-name use-code descriptions in patent litigation *

USA - July 16 2012
Congress designed the Hatch-Waxman Act (codified at 21 U.S.C. § 355(b), (j), (l) and 35 U.S.C. §§ 156, 271, and 282) to inspire medical innovation by giving medical-device and pharmaceutical patent owners a more fruitful patent term while providing follow-on manufacturers to more quickly market their products once medical patents expire.

Co-authors: Nagendra (Nick) Setty .

Courts to play greater role moderating enhanced damages for willful patent infringement *

USA - July 3 2012
In this medical-device patent-infringement action, an Arizona federal jury found that W.L. Gore willfully infringed Bard’s Prosthetic Vascular Graft patent.

Co-authors: Martin Bader.