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Results: 1-10 of 264

Resealable cookie packaging patent invalidated as obvious in Kraft- Kellogg dispute
  • Shook Hardy & Bacon LLP
  • USA
  • August 7 2015

An Illinois federal court has granted summary judgment in favor of Kellogg North America Co. in a lawsuit disputing the patented design of resealable


New year, new privilege: patent agents gain protection
  • Shook Hardy & Bacon LLP
  • USA
  • March 31 2016

A first-ever patent agent-client privilege is in town, and it changes the litigation discovery landscape. Molding U.S. Supreme Court precedent, the


Proportionality in perspective: old whine in new bottles?
  • Shook Hardy & Bacon LLP
  • USA
  • January 26 2016

Complaining about discovery requests (accused infringer) or refusals to produce documents (plaintiff patent owner) seems embedded in IP litigation


False marking update: the beginning of the end or the end of the beginning?
  • Shook Hardy & Bacon LLP
  • USA
  • April 29 2011

In late 2009, the Federal Circuit’s unexpected opinion in Forest Group, Inc. v. Bon Tool Co. spawned a flood of false marking cases


Aiming for the heart? Judge Posner slings arrows at patent damages
  • Shook Hardy & Bacon LLP
  • USA
  • August 31 2012

Over just 30 days earlier this year, Judge Richard Posner of the Seventh Circuit Court of Appeals zinged the patent bar with two controversial opinions in Apple, Inc v. Motorola, Inc


Not-so-reasonable royalty slashed
  • Shook Hardy & Bacon LLP
  • USA
  • August 19 2013

First, the Tomita Technologies court concluded Plaintiff’s damages were based on the smallest salable patent practicing unit, making the EMVR moot


100 reasonable royalty rate “unreliable and excluded"
  • Shook Hardy & Bacon LLP
  • USA
  • March 18 2013

In Nordock, a damages expert’s attempt to testify to a “reasonable” royalty rate of 100 of patentee’s lost sales was summarily rejected and the


Disgorgement proper remedy for contempt of injunction
  • Shook Hardy & Bacon LLP
  • USA
  • March 29 2013

A Defendant seeking to limit contempt remedies to a reasonable royalty had no luck in ePlus Inc. Based on Supreme Court precedent, the court found


Court focuses on Rule 30(b)(6) sets ‘established royalty’
  • Shook Hardy & Bacon LLP
  • USA
  • April 8 2013

Don’t expect to avoid an “established royalty” if your Rule 30(b)(6) witness testifies that the patentee asks licensees to pay a fixed rate when it


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