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Federal Circuit rules organic farmers lack standing to challenge Monsanto patents

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 14 2013

The Federal Circuit Court of Appeals has affirmed a district court's dismissal of the declaratory judgment action brought by a number of

Pre-issuance information relevant to royalty damages

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 10 2013

In Philippi, the court concluded that, while pre-issuance sales and marketing data was relevant to royalty damages and was thus discoverable, it was

News Bytes - June 6, 2013

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

The U.S. Patent and Trademark Office creates the After Final Consideration Pilot Program 2.0 which modifies and extends a program designed to

Vermont AG brings “patent troll” lawsuit

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

To protect small businesses and non-profit organizations in the state, Vermont Attorney General (AG) Bill Sorrell has filed a lawsuit seeking to

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

Court limits damages to date of reissued patent

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

Apple successfully limited the Plaintiff’s damages period to the date of reissue in NetAirus by relying on 35 U.S.C. 252. But, the court also said

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

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

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

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

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