Mondaq USA: Intellectual Property
Foley Hoag LLP
A few hours ago, citizens of the United Kingdom voted in favor of leaving the European Union.
McDermott Will & Emery
Under 17 USC § 505, a "court may ... award a reasonable attorney's fee to the prevailing party."
Strasburger & Price, L.L.P.
The Court cautioned that a finding of objective reasonableness is not controlling and does not create a presumption against granting fees.
Lewis Brisbois Bisgaard & Smith LLP
17 U.S.C. Section 505 has long dictated that District Courts "may...award a reasonable attorneys' fees to the prevailing party....".
Lewis Brisbois Bisgaard & Smith LLP
The patent law permits patent holders to potentially recover "treble" (i.e. triple) damages in cases of patent infringement.
Foley Hoag LLP
Although the focus of IPR and other PTAB trials is on the validity of patents, parties cannot reflexively rely on the safeguards of FRE 408 for licensing and settlement negotiations...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The "Internet-of-Things" (IoT), sometimes known as the "intelligence of things," is a network of interconnected physical objects, each embedded with sensors that collect and upload data to the internet for analysis or control.
The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys' fees to successful copyright litigants.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Section 505 of the Copyright Act allows attorney's fees to be awarded to the prevailing party, and the Supreme Court, in Fogarty v. Fantasy, Inc., 510 U.S. 517 (1994), created a list of factors that should be considered...
Poyner Spruill LLP
On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016. Effective immediately, the DTSA establishes a federal cause of action for trade secret misappropriation.
Sheppard Mullin Richter & Hampton
The U.S. Court of Appeals for the Federal Circuit affirmed the Trademark Trial and Appeal Board's refusal to register the stylized mark CHURRASCOS for bar and restaurant services based on genericness.
In Shakespeare's The Comedy of Errors, twin brothers are separated at birth and reunited under amusing and confused circumstances many years later.
Morrison & Foerster LLP
The Supreme Court unanimously abrogated the Federal Circuit's 2007 decision in In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007).
On June 13, 2016, in a much-anticipated joint holding in Halo/Stryker, the Supreme Court unanimously overturned the Federal Circuit's rigid test for willful infringement...
Brooks Kushman
In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test for finding willful infringement in patent cases...
Brooks Kushman
On June 20, 2016, the U.S. Supreme Court decided Cuozzo Speed Technologies, LLC v. Lee, No. 15-446.
Reinhart Boerner Van Deuren S.C.
The U.S. Supreme Court just made it easier for patent owners to obtain enhanced damages against infringers.
The Patent Trial and Appeal Board (PTAB) issued its first written opinions based on a trial of the relatively new Post-Grant Review (PGR) proceeeding and genetic factors.
Smith Gambrell & Russell LLP
The Supreme Court issued an important unanimous decision in Halo v. Pulse that vacates the Federal Circuit's rigid limits to the grant of enhanced damages in patent cases...
Day Pitney LLP
The Supreme Court unanimously permitted the Patent Office to continue to construe patent claims according to their broadest reasonable construction in inter partes review proceedings.
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Ropes & Gray LLP
The PTAB had instituted an IPR proceeding against certain claims of a patent owned by Cuozzo on obviousness grounds not explicitly stated in the IPR petition.
McDermott Will & Emery
The patents-in-suit cover code division multiple access (CDMA) protocols, a method of sharing cell phone base stations among multiple users that saw widespread adoption across the United States.
Foley & Lardner
We have reviewed a sub-group of 111 IPRs filed by generic drug companies against pharmaceutical patents to assess outcomes and trends.
Herrick, Feinstein LLP
Online terms of service, terms of use or "terms and conditions" ("TOS") are ubiquitous. But merely posting TOS on a website does not make them enforceable.
Davis & Gilbert
President Barack Obama on May 11, 2016 signed the Defend Trade Secrets Act (DTSA), which provides a federal private right of action for the misappropriation of trade secrets.
Reed Smith
With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling.
With the ninth Contracting State having ratified the EU Unified Patent Court Agreement, the commencement of the Unified Patent Court is approaching.
Fox Rothschild LLP
A recent Federal Circuit decision provides some much-needed guidance on this question.
Fox Rothschild LLP
In a consolidated decision involving two new cases, the U.S. Supreme Court continued its trend of shunning bright-line rules in patent infringement cases.
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