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Judge Overturns Record $1.5 Million Microsoft Verdict ( August 2007 )
Expert testimony proved to be the linchpin in a federal judge's Aug. 6th decision to set aside the largest-ever damages award in a U.S. patent case. -
The Right Prescription ( January 2007 )
Pfizer's Global Security department, one of 11 different practice groups within the pharmaceutical company's worldwide Legal Division, had a problem. Charged with protecting the company's products from fraudulent imitations, thefts and other threats, Global Security needed an efficient system for tracking suspected counterfeit and stolen drugs, while expediting lab testing, ensuring accurate chain-of-custody documentation and automating appropriate - and secure - information sharing. -
U.S. Appellate Court to Decide Whether Foreign Patent Claims Are in Play ( January 2006 )
Has the trend toward a one-stop shopping world pervaded our legal system, and specifically the patent community? We are well aware of recent globalization and the accompanying expansion of cross-border research and development, outsourcing to manufacturing facilities abroad and blossoming international trade. Multinational corporations depend upon revenue generated by these activities, which are often the subject of patents granted by the United States , Canada and other countries. -
Federal Circuit Abolishes Negative Inference from Willful Patent ( June 2005 )
In a landmark decision, the Court of Appeals for the Federal Circuit overruled a long-standing precedent relating to willful patent infringement. In Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmBH v. Dana Corp., 383 F.3d 1337, 1341 (Fed. Cir. 2004) ("Knorr-Bremse"), the Federal Circuit abolished the negative inference that an opinion of counsel was or would have been unfavorable if an alleged infringer fails to produce or obtain an exculpatory opinion of counsel in response to a charge of willful patent infringement. -
IP Land: Swords & Shields ( June 2003 )
Patent litigation has become big business for firms. This survey, published in <i>American Lawyer</i> in June 2003, ranks firms based on the number of times they were hired by plaintiffs and defendants involved in patent cases filed in 2002. -
Stanford Biotech Strategies Seminar. Seminar Summaries of Speakers Elaine Levin and Lawrence Sung, Ph.D. of Preston Gates & Ellis. ( January 2004 )
Elaine Levin gave an overview of problems facing small biotech companies. Lawrence Sung, Ph.D., provided an update on inventorship/ ownership considerations and the common law “research use” exemption. -
Festo Revisited ( November 2003 )
In a continuing drama concerning the rights of inventors to protect their creations by employing the doctrine of equivalents, the Federal Circuit applied the flexible standard mandated by the U. S. Supreme Court last year. This is our first opportunity to see the application of the Supreme Court's newly created rebuttal criteria governing how patent holders can use the doctrine of equivalents as a method of finding patent infringement. -
What Are My Chances? From Idea Through Litigation ( October 2003 )
The next time someone asks - "what are my chances?" - chances are you may now have an answer. -
Intellectual Property Audits: A More Diligent Approach ( September 2003 )
Conducting an intellectual property audit is an important business process. It can insure a company's IP assets are being adequately identified, protected, and enforced; provide information to potential investors; and inform a potential licensee or acquirer of an IP asset's value. In addition, an IP audit can result in company executives adopting or changing an approach toward IP that adds value and reduces risk to the company. -
Litigating The Issue Of Willful Patent Infringement ( July 2003 )
In the vast majority of patent infringement lawsuits, the patent owner alleges that the infringement was done willfully. That allegation, if proven, could form the basis of an award of enhanced damages, up to three times the actual damages, and attorneys' fees against the infringer.
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