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Kilpatrick Townsend & Stockton LLP | USA | 10 Jan 2011

25 percent rule for damages is now 100 percent dead; expert reports must now predicate damages on the specific circumstances of the case, not general, arbitrary theories

The Court of Appeals for the Federal Circuit ruled last week that a damage expert's arbitrary use of what had become a commonplace starting point for royalty rates in patent cases, the so-called "25 percent rule," is a "fundamentally flawed tool" for determining a reasonable royalty and "is thus inadmissible under Daubert and the Federal Rules of Evidence.


Kilpatrick Townsend & Stockton LLP | USA | 11 Oct 2010

VSI v. Creative Pipe: the evolution of the obligation to preserve ESI

It has been seven years since Judge Sheindlin issued the first of her six Zubulake opinions, addressing in detail the obligations of litigants to preserve and produce relevant electronically stored information ("ESI").


Kilpatrick Townsend & Stockton LLP | USA | 29 Sep 2009

The Federal Circuit revitalizes contributory infringement

As the Federal Circuit explained in Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464 (Fed. Cir. 1990), in the Patent Act of 1952 “the single concept of ‘contributory infringement’ was divided between 271(b) and 271(c) into ‘active inducement’ (a type of direct infringement) and ‘contributory infringement,’ respectively.”


Kilpatrick Townsend & Stockton LLP | USA | 2 May 2007

U.S. Supreme Court issues decisions in Ksr Int'l Co v Teleflex Inc and Microsoft Corp v AT&T Corp.

On Monday, April 30, 2007, the United States Supreme Court issued two major patent decisions: KSR Int'l Co v Teleflex Inc, and Microsoft Corp v AT&T Corp.

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