Intellectual Property Law News and Insights

Judge Applies WesternGeco Principles To Direct Infringement Under 35 U.S.C.§ 271(a)

Published: Dec 04, 2018
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A federal district court judge recently applied the recent U.S. Supreme Court decision in WesternGeco LLC v. ION Geophysical Corporation, in which the Supreme Court held that lost profits damages could be awarded for infringement occurring under 35 U.S.C.§ 271(f), to cover damages for direct infringement occurring under 35 U.S.C.§...

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Not-Quite Prior Art Supports Obviousness Of Copaxone Patents In IPR Proceedings

Published: Nov 30, 2018
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In Yeda Research & Development Co., v. Mylan Pharmaceuticals Inc., the Federal Circuit affirmed the decisions of the USPTO Patent Trial and Appeal Board (PTAB) finding three Copaxone patents invalid as obvious in parallel Inter Partes review (IPR) proceedings. The companion decision pertaining to related district court litigation caught my...

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Harmonizing Trademark Laws: Changes At The Heart Of The USMCA

Published: Nov 29, 2018
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The 1994 North American Free Trade Agreement (NAFTA), long in need of reform according to some, is receiving an overhaul. The current Administration, Mexico and Canada have negotiated a new trilateral agreement. Hailed as a "21st Century, high standard new agreement to support mutually beneficial trade leading to freer, fairer...

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