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Agreements on a Forum for Resolving Patent Disputes Generally Waive the Ability to Later Object to That Forum

USA - October 15 2020 A California district court found that a party who agreed to an enforceable forum selection clause waived its objection to improper venue and could…

D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul, Cecilia Sanabria

To Avoid an Allegation that a Patent Assignor Is Estopped from Arguing that an Asserted Patent Is Invalid, the Assignor Estoppel Defense Should Be Disclosed in a Timely Fashion or the Late Disclosure Should be Substantially Justified and Harmless

USA - September 30 2020 When deciding if a party should be precluded from asserting assignor estoppel within two weeks of the close of fact discovery, a Massachusetts Court…

D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul, Cecilia Sanabria

Evolving Case Law Elucidates Atty Fees for Patent Litigants

USA - July 17 2020 Title 35 of the U.S. Code, Section 285, in its entirety, states that ”[t]he court in exceptional [patent] cases may award reasonable attorney fees to…

R. Benjamin Cassady, Lionel M. Lavenue

Confusion Can Occur as to Whether an Award of Enhanced Future Royalties Apply to Sales Occurring After a Jury Verdict or After a Subsequent Award of Final Judgment by the Court

USA - July 1 2020 In determining whether an award of enhanced future royalties applies to sales occurring after a jury verdict or after a subsequent award of final…

D. Brian Kacedon, Anthony D. Del Monaco, John C. Paul, Cecilia Sanabria

Federal Circuit Voids Check Processing Patent’s Eligibility

USA - August 22 2019 In Solutran, Inc. v. Elavon, Inc., Nos. 2019-1345, -1460 (Fed. Cir. July 30, 2019), the Federal Circuit reversed the district court’s…

Kevin D. Rodkey