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Nutter McClennen & Fish LLP | USA | 22 Mar 2011

Global-Tech, Inc. v. Seb, S.A. a changing standard for active inducement of patent infringement?

Induced infringement applies to the sale of products necessary to perform a claimed process - even when the product has non-infringing uses - if the product was sold with express instructions for use in the infringing manner.


Nutter McClennen & Fish LLP | USA | 22 Mar 2011

Rejection of the 25 rule in the calculation of a reasonable royalty rate

Though the "25 Rule," which presumes that 25 percent of the operating profit from the sale of an infringing good is a reasonable royalty rate, has been frequently relied upon as a starting point in calculating patent infringement damages for more than 40 years, the Federal Circuit recently held that this rule of thumb "is a fundamentally flawed tool.


Nutter McClennen & Fish LLP | USA | 18 Nov 2010

District court finds personal jurisdiction over defendants in Berklee College of Music, Inc. trademark and copyright lawsuit

Plaintiff Berklee College of Music, Inc. (“Berklee”) brought this action against Defendants Music Industry Educators, Inc. (“MIE”) and its majority owner John Terrell, alleging trademark and copyright infringement, unfair competition, and deceptive trade practices under M.G.L. c. 93A stemming from publication of Berklee’s copyrighted material and trademarks on MIE’s website.


Nutter McClennen & Fish LLP | USA | 22 Jan 2010

Outrage! and “special handling” in the Copyright Office

Imagineyou’ve traveled to the ends of the Earth to present your bid to the government ministers of a foreign potentate.

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