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Intellectual Property Viewpoints Blog

Articles: 1-10 of 529

Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority

USA - May 12 2022 To be a successful trade secret litigant at the ITC, it is critical to be mindful of unique substantive and procedural aspects of Section 337…

Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages

USA - April 29 2022 A recent decision from Judge Stark, now presiding at the Federal Circuit, endorses the use, by a patent owner’s damages expert, of sales projections…

Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC

USA - March 23 2022 On March 16, 2022, U.S. District Judge William Alsup of the Northern District of California certified two of the hot button issues splitting district…

Amazon’s Utility Patent Neutral Evaluation Proceeding: Let the Seller Beware

USA - March 22 2022 Speed and efficiency have long been Amazon’s hallmarks, and its dispute resolution system for patent infringement claims is no exception. Amazon’s…

Avoiding Unforced Tech DI Errors at the ITC

USA - March 11 2022 The key to success as a Complainant in the ITC is careful preparation, long before the complaint is filed. Nowhere is this more important than in…

Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO

USA - March 10 2022 Since the passage of the Defend Trade Secrets Act (DTSA), trade secret owners have been able to use allegations of trade secret misappropriation under…

No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up”

USA - March 3 2022 The Fifth Circuit recently ratified the right of holders of standard essential patents (“SEP”) to choose where in the supply chain to license SEPs…

Plaintiff Can Assert Patent Infringement and Seek Injunctive Relief in Second-Phase BPCIA Litigation Per Illinois District Court Decision

USA - February 24 2022 On January 26, 2022, in what appears to be a case of first impression, U.S. District Court Judge John Z. Lee of the United States District Court for…

A Business Deal Could Kill Your Right to Challenge a Patent’s Validity

USA - February 22 2022 Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes…

D. Del. Says ANDA Specification Trumps All Else in Infringement Analysis

USA - February 17 2022 On February 8, 2022, U.S. District Court Judge Maryellen Noreika of the United States District Court for the District of Delaware granted the…