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Results: 1-10 of 261

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


Marking defense rears its head: limits damages period
  • Shook Hardy & Bacon LLP
  • USA
  • May 13 2013

The AIA limited claims arising from “false marking.” Nonetheless, the marking statute tripped up Plaintiff in Kimberly-Clark Worldwide. As to some of


Supplemental lost profits awarded
  • Shook Hardy & Bacon LLP
  • USA
  • July 22 2013

The district court in Arlington Industries allowed Plaintiff to recover supplemental lost profits from the date of judgment to the date the patent


Court orders trial in “patent troll” litigation despite evidence of misconduct
  • Shook Hardy & Bacon LLP
  • USA
  • August 29 2013

A federal court in California has denied a motion to dismiss litigation involving a patent assertion entity claiming that the defendant violates its


Challenge to AIA first-to-file rule fails for lack of standing
  • Shook Hardy & Bacon LLP
  • USA
  • July 17 2014

Ruling that it had jurisdiction to consider a constitutional challenge to the America Invents Act (AIA), the Federal Circuit Court of Appeals has


Second Circuit antitrust decision creates uncer tainty for non-practice of patents
  • Shook Hardy & Bacon LLP
  • USA
  • June 11 2015

The U.S. Court of Appeals for the Second Circuit's recent decision in New York v. Actavis PLC appeared on its face to address a narrow issue of


Heinz “Dip & Squeeze” suit headed to trial
  • Shook Hardy & Bacon LLP
  • USA
  • January 23 2015

A Pennsylvania federal court has denied H.J. Heinz Co.'s motion for summary judgment in a lawsuit alleging that the company stole the idea for the


Federal Circuit affirms USDA’s grape patents
  • Shook Hardy & Bacon LLP
  • USA
  • January 16 2015

The Federal Circuit Court of Appeals has affirmed a lower court's ruling that unauthorized public use of the Scarlet Royal and Autumn King varieties


What to do until the life guard arrives: false marking claims after Forest Group. and Solo Cup (part II)
  • Shook Hardy & Bacon LLP
  • USA
  • June 23 2010

Just when we thought it was safe to go back in the water another court decision stirs up the false-marking sharks


Federal Circuit upholds sanctions against plaintiff and counsel
  • Shook Hardy & Bacon LLP
  • USA
  • December 16 2010

The Federal Circuit Court of Appeals has denied a motion seeking to stay an award of $631,000 in sanctions and fees against a company and its counsel for bringing a baseless infringement claim involving an information processing methodology