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Results: 1-10 of 256

Federal Circuit issues seven opinions on patentability of software innovations
  • Shook Hardy & Bacon LLP
  • USA
  • May 16 2013

The en banc Federal Circuit Court of Appeals has divided over whether method and computer-readable media claims and system claims are directed to


SCOTUS unanimously rules GM soybean patent infringed
  • Shook Hardy & Bacon LLP
  • USA
  • May 16 2013

The U.S. Supreme Court has determined that the "exhaustion doctrine" does not apply in the context of a patented genetically modified (GM) seed, and


License comparable even though not a patent license
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2013

Damages experts are always “on the record.” While it may have been a close call for the court, the testimony of Defendant’s damages expert that a


Expert’s lost profits analysis legally deficient testimony excluded
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2013

Damages experts have to play by the rules. Short cuts simply don’t work. In Subotinic, the court tossed the damages expert’s testimony on lost profit


Financial statements don’t count
  • Shook Hardy & Bacon LLP
  • USA
  • August 9 2013

In Carolina Waterworks, the district court said Defendant’s financial statements were irrelevant to Plaintiff’s infringement damages theories


“Commercial manufacture” doesn’t require sale
  • Shook Hardy & Bacon LLP
  • USA
  • August 9 2013

In Astra, the court rejected Defendant’s attempts to avoid damages for batches of a pharmaceutical product it made, even though the drugs were never


Fork over the forecasts
  • Shook Hardy & Bacon LLP
  • USA
  • August 9 2013

An accused infringer’s attempts to block discovery of sales and volume forecasts proved unsuccessful when the district court in Linear Group Services


When it rains, it pours: court grants plaintiff fees, interest, doubles damages, and supplemental damages
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2013

The Alps South court found for Plaintiff on every damages-related post-trial issue after the jury found the patent valid and willfully infringed


Right to sue for damages not assigned
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2013

The court in Nano-Second ruled an assignment must contain an express provision allowing the assignee to sue for infringement occurring prior to the


Defense expert opens way for $85 million award after plaintiff precluded from putting on evidence
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2013

As a Defendant, think long and hard about whether to use a damages expert when the patentee has been precluded from presenting a reasonable royalty