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En Banc Court Ties On-Sale Bar to Commercial Sale in Accordance with Uniform Commercial Code

USA - August 29 2016 In a unanimous en banc decision, the US Court of Appeals for the Federal Circuit established the circumstances under which a product manufactured…

Jodi Benassi, Sarah Bro, Bernard P. Codd, Lauren Martin, Alexander P. Ott

Concerted Actions with Sister Company in Finland Result in Delaware Jurisdiction

USA - August 5 2016 Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a…

A Directly Impacted Party Can Assign Its Right to Sue

USA - July 19 2016 Addressing standing for purposes of antitrust litigation related to reverse payment allegations and assignment of rights, the US District Court for…

Pre-Issuance Damages Possible Only If You “Know” About the Published Application

USA - March 30 2016 Addressing for the first time the notice requirement for pre-issuance damages under 35 USC § 154(d), the US Court of Appeals for the Federal Circuit…

A Brand Must Allege Facts to Survive a Motion to Dismiss Induced Infringement Claims

USA - March 3 2016 Addressing the pleading standard for induced infringement, the U.S. District Court for the District of New Jersey dismissed Otsuka Pharmaceutical’s…