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Results: 1-10 of 272

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


Exhaustion doctrine applied to method patent
  • Shook Hardy & Bacon LLP
  • USA
  • November 21 2013

A divided Federal Circuit Court of Appeals panel has determined that a method patent holder that gave away 60 percent of the blood-glucose testing


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


Texas court upholds damages based on Nash Bargaining Solution and “smallest salable unit”
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2013

The VirnetX judge approved use of the Nash Bargaining Solution and appears to have shifted the burden to the defendant to present “a credible


No damages expert results in no case
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2013

While a damages expert is not required, proof of the amount of damages is necessary. Unicom learned this lesson the hard way when it failed to meet


Damage calculations best left for expert discovery
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2013

The Bosch court reasonably concluded that details relating to the calculation of a patent owner’s reasonable royalty and lost profits damages were


"Arising under" jurisdiction put asunder? Supreme Court adds strokes to "Jackson Pollock" canvas
  • Shook Hardy & Bacon LLP
  • USA
  • April 30 2013

The "unruly" arising-under doctrine of federal jurisdiction is in a state of "general confusion," according to the U.S. Supreme Court. The Court


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


Licenses discoverable maybe not admissible
  • Shook Hardy & Bacon LLP
  • USA
  • March 29 2013

Don’t conflate relevancy for purposes of admissibility with relevancy for purposes for discoverability. While recent Federal Circuit cases, such as


Big changes signaled for patent litigation? Federal Circuit plays en banc card
  • Shook Hardy & Bacon LLP
  • USA
  • March 28 2013

Substantial changes may be afoot in patent litigation practice, affecting both the length and cost of patent suits for years to come. The Federal