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RAND royalities refreshed - a primer for a modified Georgia - Pacific patent royalties test? (part I)

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 31 2013

RAND royalties are retaking center stage as a standards rule. In a 200-plus-page opinion tackling SSOs, SEPs, and RAND obligations, the district

Challenge lost profits and reasonable royalties by cross-examination

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

Global Traffic Technologies teaches us that courts lean toward vigorous cross-examination rather than exclusion when damages experts are subject to a

Federal Circuit applies Gunn, rules false statement about patent claim belongs in state court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 6 2013

The Federal Circuit Court of Appeals has determined that a dispute over allegedly false statements about patents did not raise a substantial question

What's the use? Understanding method vs. apparatus use infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 28 2012

Every patent lawyer knows unauthorized use of a patent is infringement

Judge Posner again strikes damages opinions

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

In Promega Corp. Judge Posner reminds us that attention to detail in opinions and resisting the temptation to overreach by damages experts is crucial

Cross-examine rather than reject expert damages testimony

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

Applying the notion that rejecting expert testimony is the exception rather than the rule, a magistrate judge in Alexam encouraged vigorous

Spoliation shrinks $350 million to $100 million

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 20 2013

A patent owner saw more than 70 of a $350 million damages award evaporate when the court found it had spoliated documents. Even though the district

Royalty needn’t ensure infringer a profit, Federal Circuit says

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 28 2013

Confirming a long-standing rule, Federal Circuit Chief Judge Rader decided the district court clearly erred when it left room for the infringer to

Lost profits questions for parentssubsidiaries certified to Federal Circuit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 3 2013

In Fujitsu Limited, the court followed case law and precluded a foreign parentsole patent holder from recovering lost profits for sales lost by a

Don’t get spooked by means-plus-function ‘equivalents’

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 27 2010

Patent attorneys often shudder when it comes to "means-plus-function" claims and the related term equivalents