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Results: 1-10 of 269

Ghost of claims past: a short refresher on Jepson claims
  • Shook Hardy & Bacon LLP
  • USA
  • December 14 2010

We round up the year with a pop-quiz about Jepson claims


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


Expert gets second chance
  • Shook Hardy & Bacon LLP
  • USA
  • July 8 2013

Granting in part a Daubert motion, the Wi-Lan court found defects in the damages expert’s report. But, the court allowed the expert to amend his


Federal Circuit panel divides over indirect infringement law
  • Shook Hardy & Bacon LLP
  • USA
  • July 11 2013

A split Federal Circuit Court of Appeals panel has determined that an accused inducer's good-faith belief in the invalidity of a patent may negate


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


Damages expert discovery and trial bifurcated
  • Shook Hardy & Bacon LLP
  • USA
  • July 29 2013

The district court in British Telecommunications granted Defendant’s motion to bifurcate expert discovery and the trial on damages after fact


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


ITC initiates imported omega-3 extracts patent-infringement investigation
  • Shook Hardy & Bacon LLP
  • USA
  • April 25 2013

The U.S. International Trade Commission (ITC) has issued a notice regarding its decision to launch an investigation into the amended complaint filed


Lump sum trumps EMVR?
  • Shook Hardy & Bacon LLP
  • USA
  • September 16 2013

The HTC Corp. court may have carved out a limited exception to the EMVR. The judge allowed a damages expert to say the hypothetical negotiation would


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