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Results: 1-10 of 88

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


Keeping the door ajar? Federal Circuit says "it ain't over 'til it's over"
  • Shook Hardy & Bacon LLP
  • USA
  • September 30 2013

In a patent infringement lawsuit, when are final rulings "final"? Even the Federal Circuit is struggling with when to call a halt to all the fun


Comparable licenses do the job
  • Shook Hardy & Bacon LLP
  • USA
  • September 9 2013

The Warsaw Orthopedic court offers a common sense solution to a discovery dispute: When truly comparable licenses related to the specific technology


Using marking defense precludes pre-suit damages
  • Shook Hardy & Bacon LLP
  • USA
  • September 3 2013

A license and a covenant-not-to-sue proved to be Plaintiff’s undoing when the U.S. Ethernet Innovations court decided sales by two large companies