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CAFC grants new trial - Royalty base can be total sales, but the royalty rate must be properly apportioned
  • Fish & Richardson PC
  • USA
  • February 15 2018

The United States Court of Appeals for the Federal Circuit, in Exmark Manuf. Co. Inc. v. Briggs & Stratton Power Prods. Grp, LLC, 879 F.3d 1332 (Fed


The Law May Have Changed, But In Texas You’ll Remain
  • Fish & Richardson PC
  • USA
  • February 15 2018

The Supreme Court's TC Heartland decision in May set off a tidal wave that completely reshaped the contours of patent venue law.1 Riding its wake


Damages opinion related to FRAND excluded due to lack of supporting evidence
  • Fish & Richardson PC
  • USA
  • February 14 2018

The Eastern District of Texas, Tyler Division, Magistrate Judge K. Nicole Mitchell presiding, in Network-1 Techs., Inc. v. Alcatel-Lucent USA, Inc


DMass requires production of communication with licensees
  • Fish & Richardson PC
  • USA
  • February 14 2018

The District of Massachusetts, Judge Casper presiding, in Koninklijke Philips N.V. v. Wangs Alliance Corp., Civil Action 14-12298-DJC (D. Mass. Jan. 2


Massachusetts Patent Litigation Wrap Up - December 2017
  • Fish & Richardson PC
  • USA
  • January 24 2018

This post is part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of


"Cry Havoc and Let Slip the Dogs of War"
  • Fish & Richardson PC
  • USA
  • January 16 2018

A recently filed lawsuit in Washington State provides some useful takeaways in the realm of brand protection for educational institutions. Gonzaga


Wifi One, LLC v. Broadcom Corp: Petitions for inter partes review are time-barred are reviewable on appeal
  • Fish & Richardson PC
  • USA
  • January 10 2018

On January 8, 2018, the Federal Circuit sitting en banc issued its decision in Wifi One, LLC v. Broadcom Corp., No. 2015-1944, holding that PTAB


First Amendment 2 - Lanham Act 0: Federal Circuit Holds Lanham Act Prohibition on Immoral and Scandalous Marks Is Unconstitutional Restriction on Free Speech
  • Fish & Richardson PC
  • USA
  • January 8 2018

In the wake of the In re Tam decision by the U.S. Supreme Court, on December 15, 2017, the Federal Circuit held that the Lanham Act Section 2(a


Best Practices for Proving Proportionality in Motions to Compel
  • Fish & Richardson PC
  • USA
  • December 29 2017

This month marks two years since the major amendment of Federal Rule of Civil Procedure 26(b)(1) went into effect. This Rule, governing the scope of