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Results: 1-10 of 269

Decisive jury verdict increases ongoing royalty
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2013

The court in Syntrix Biosystems referred to, but did not rely upon, the Read v. Portec factors before deciding a higher ongoing royalty rate was


Higher rate range no concession
  • Shook Hardy & Bacon LLP
  • USA
  • June 25 2013

Judge Posner, sitting by designation, concluded a patent was invalid and entered judgment in favor of the accused infringer. However, he did comment


Federal Circuit clarifies permanent injunction standard
  • Shook Hardy & Bacon LLP
  • USA
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction


Model order would limit e-discovery in patent litigation
  • Shook Hardy & Bacon LLP
  • USA
  • October 20 2011

During a recent bench-bar conference in Texas, Federal Circuit Court of Appeals Chief Judge Randall Rader unveiled a set of proposed improvements to patent litigation, including a model order that would place limits on e-discovery


Despite public patent application, trade secrets claims can proceed
  • Shook Hardy & Bacon LLP
  • USA
  • May 19 2011

The Fifth Circuit Court of Appeals recently determined that the owner of trade secrets relating to a meat-packing method can pursue misappropriation claims even though some of those secrets were previously published in a patent application


Violations of discovery orders result in default judgment, monetary sanctions, potential discipline
  • Shook Hardy & Bacon LLP
  • USA
  • August 18 2011

A federal court in Texas has imposed severe sanctions in a patent infringement lawsuit, due to repeated violations of its discovery orders and the creation of a fraudulent discovery-related document; a default judgment has been entered against the violator, and information about the document has been forwarded to alert the district’s chief judge “of the need to potentially take disciplinary measures” against counsel


Medical treatment claims deemed patentable on reconsideration after Bilski
  • Shook Hardy & Bacon LLP
  • USA
  • January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101


Federal Circuit reverses Patent Appeals Board on obviousness ruling and commercial success evidence
  • Shook Hardy & Bacon LLP
  • USA
  • January 13 2011

The Federal Circuit Court of Appeals has determined that the Board of Patent Appeals and Interferences incorrectly rejected on obviousness grounds a patent claim involving physical and air shields to prevent the clogging of a nozzle to a Wurster coater, which sprays coating material onto pharmaceutical ingredients


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • January 27 2011

The U.S. Patent & Trademark Office announces agreements with its Australian counterpart that will extend and expand work sharing between the two agencies


Court rejects attempt to keep settled infringement suit alive through appeal
  • Shook Hardy & Bacon LLP
  • USA
  • January 24 2013

The Federal Circuit Court of Appeals has dismissed as moot the appeal of a patent infringement dispute between parties that had settled the claims