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It’s Not Over Until It’s Over: Federal Circuit Refuses to Reverse $6M Penalty for ITC Consent Order Violation Despite Subsequent Patent Invalidation

USA - March 8 2022 With the threat of a powerful exclusion order, the International Trade Commission (ITC or Commission) continues to be a popular venue for challenging…

Easy to Start, Potentially Hard to Finish: Considerations for Retailers in Appealing an IPR Decision

USA - October 22 2021 For many companies, including retailers, filing an inter partes review (“IPR”) is a highly popular avenue to challenge patent validity before the U.S…

Forum Shopping: How A Retailer’s Patent-Related Communications May Impact Jurisdiction

USA - May 27 2021 In a recent case, Trimble Inc. v. PerDiemCo LLC, No. 2019-2164 (May 12, 2021), the Federal Circuit found that, sometimes, threatening a patent…

Christopher Gresalfi, Daniel G. Shanley

Did Patent Litigation Just Get Cheaper? Tax Court Upholds Favorable Treatment for Infringement Suit Expenses

USA - May 3 2021 The US Tax Court, in a precedential opinion in Mylan, Inc. & Subs. V. Commissioner, 156 T.C. No. 10 (Apr. 27, 2021), held that legal expenses…

Timothy L. Jacobs

Patent Application Process Taking Too Long? Try Fast Tracking Your PTAB Ex Parte Appeal

USA - July 14 2020 Patent applicants have the option to appeal adverse decisions received during the prosecution of their applications before the United States Patent…

Daniel G. Shanley