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Guide to Current Patent Reform Legislation ( July 2007 )
Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, with Senators Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah) leading the charge. But legal and business groups are finding themselves at odds over the legislation, with some saying it would reduce patent litigation costs and improve patent quality while others say it would do just the opposite. -
Are Punitive Damages Available Under the Copyright Act ( February 2005 )
Given the Copyright Act’s express enumeration of available remedies under the Act and its silence with respect to punitive damages, one would think that a copyright owner is barred from seeking punitive damages when bringing a claim for copyright infringement. Several recent decisions in the Southern District of New York, however, have allowed punitive damages claims to proceed. This article will discuss the traditional view that punitive damages are not available under the Copyright Act, and will explore recent decisions indicating that such damages might be recoverable under certain circumstances. This article will then discuss the implications for both plaintiffs and defendants, and will finally argue that punitive damages should not be available in copyright actions. -
Patent Marking Requirements--Patented Articles Must be Marked as Patented in Order For Patentee to Recover Damages Due to Patent Infringement ( December 2002 )
Patented articles (products, devices, items, etc.) must be marked as patented if patentee is to be awarded damages resulting from infringement of the patent. The marking provisions of the patent statute are within 35 <i>U.S.C.</i> § 287(a). -
Federal Circuit Affirms Importance of Notice and Marking Requirements ( September 1999 )
In a precedent setting decision, the Federal Circuit placed strict limits on the time recovery of damages in the a. -
Warning: The Federal Circuit Has Determined That Your Notice of Infringement May Be Dangerous to Your Venue ( September 1999 )
Recent decisions by the U.S. Federal Circuit Court of Appeals may dictate a change in the customary practice of gi. -
Patent Management: Preserve Your Damages by Proper Marking and Infringement Notices ( January 1999 )
Has your client marked his patented product with the patent number? Required his customers to do so? If not, shoul. -
Rights of Patent Owners Enhanced ( January 1996 )
You may hold a patent but have decided not to make, use or sell the patented device. In a recent case, the United. -
The Risk/Reward Factors of U.S. Patents ( January 1996 )
Damages awards in U.S. patent infringement cases have been recognized as reaching magnitudes rarely seen in other .
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