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Entire market value rule inapplicable where the patent claims both inventive and conventional elements and the combination substantially accounts for the value of the invention

USA - April 28 2015 Federal Circuit affirms 50 royalty on gross margin of infringing sales but reverses portion of the award on post-expiration sales.AstraZeneca held...

Michael C. Tyler.

Federal Circuit judges seem divided during en banc argument in Suprema v. ITC

USA - February 10 2015 On Thursday, February 5, the Federal Circuit sat en banc to hear oral arguments in Suprema v. ITC, involving the authority of the ITC to issue...

Andrew R. Kopsidas.

Federal Circuit rules collateral estoppel does not apply to similar but unrelated patent

USA - November 25 2014 Fed Cir affirms-in-part and reverses-in-part a collateral estoppel decision where a prior claim construction issue did not apply to an unrelated...

Federal Circuit reverses denial of stay pending CBM review, focusing on simplification and reduction of burdens instead of categorical rules

USA - November 21 2014 Federal Circuit reverses denial of stay under an abuse of discretion standard after finding that all four factors supported granting a stay...

Patent owner lacks standing to join infringement suit where it has licensed all substantial and exclusionary rights to another

USA - November 7 2014 Fed Cir holds that a patent owner with less than all substantial rights to the patent and no exclusionary rights under the patent statute lacks...