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The Supreme Court clarifies the standard for reviewing fact-finding in claims construction

USA - January 26 2015 On January 20, 2015, the Supreme Court issued its long-awaited decision on the standard of review of factual findings by the trial court in…

Holmes J Hawkins III

With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof

USA - July 31 2013 In July, the Federal Circuit held that under the reexamination statute (35 U.S.C. § 307(b)), the PTO’s cancellation of claims terminated a pending…

CAFC reverses denial of permanent injunction based on perceived future reputational damage, despite lack of evidence of lost sales or market share

USA - June 30 2013 A split panel of the Federal Circuit reversed the trial court’s denial of a permanent injunction based on possible damage to the patentee’s reputation…

The Federal Circuit affirms that “infringement” under 35 U.S.C. §284 does not encompass sales outside the U.S.

USA - May 31 2013 The Federal Circuit confirmed that U.S. courts do not have authority to award damages for patent infringement that takes place abroad…

Appealing a damage awards—lost profit calculations and the danger of not appealing denial of a Daubert challenge

USA - May 31 2013 Affirming a damages award of $345 million, the Federal Circuit, in an opinion by Judge Rader, underscored the importance of preserving objections to…