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Results: 1-10 of 91

Is Every Case Exceptional? Octane Fitness v. Icon Health & Fitness and Fee Awards
  • Shook Hardy & Bacon LLP
  • USA
  • October 31 2016

As the U.S. Supreme Court begins its term this month, its watershed case on attorney fees in patent cases, Octane Fitness, turns two and a half. Many


Learning the Steps of the BPCIA's Patent Dance : notice of commercial marketing is mandatory
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2016

The Federal Circuit’s second opinion interpreting the Biologics Act in Amgen v. Apotex is dense, but the outcome is simple. There are two takeaways


Decoding Patent Eligibility of Diagnostic Methods
  • Shook Hardy & Bacon LLP
  • USA
  • May 31 2016

Figuring out whether an invention is patent-worthy has become a bit easier, thanks to the Federal Circuit’s clarifications in Genetic Technologies


Two sides to the lens: U.S. Supreme Court and Federal Circuit take different views?
  • Shook Hardy & Bacon LLP
  • USA
  • April 28 2015

Has justice become blinded to fundamental differences between the way patent law is interpreted by the U.S. Supreme Court and the Federal Circuit


Apportionment gets a whole lot of attention in landmark Virnetx, Inc. v. Apple Inc . (part I)
  • Shook Hardy & Bacon LLP
  • USA
  • January 8 2015

The Federal Circuit delivered its clearest, most in-depth damages opinion in more than two years in VirnetX, Inc. v. Apple Inc. The court now (1


Not-so-expert options? Daubert challenges abound in Apple Inc. v. Motorola , Inc
  • Shook Hardy & Bacon LLP
  • USA
  • July 29 2014

Are we experiencing a "damages free-for-all," or is it "business as usual" with damages opin- ions? The spike in challenges to damages experts has


Easing "exceptional case" Supreme Court agan relaxes Federal Circuit rules
  • Shook Hardy & Bacon LLP
  • USA
  • May 30 2014

Once again easing a "rigid" Federal Circuit standard, the U.S. Supreme Court has relaxed "exceptional case" standards in the district court and on


EMVR's night of the living dead? EMVR affects damages post-LaserDynamics
  • Shook Hardy & Bacon LLP
  • USA
  • February 25 2014

Just when you thought the "entire market value rule" (EMVR) was decapitated, its presence rears its head. In LaserDynamics, Inc. v. Quanta Computer


New 'belief' defense to induced infringement: fixing what isn't broken?
  • Shook Hardy & Bacon LLP
  • USA
  • December 16 2013

Perhaps believing can make it so, at least according to the Federal Circuit's latest ruling regarding induced infringement and invalidity. In


Taking exception to "exceptional case"? Supreme Court scrutinizes rules
  • Shook Hardy & Bacon LLP
  • USA
  • October 15 2013

Tough "exceptionality" standards embedded in "exceptional cases" rules will be under the U.S. Supreme Court's microscope. If the Court eases these