Library Search
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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. -
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. -
The Impact of Non-Traditional Patent Litigation on Cost/Benefit Analysis ( June 2003 )
When a company receives a cease-and-desist letter, the most dreaded question that intellectual property counsel must answer is, "What is this patent suit going to cost us?" While a traditional cost-benefit analysis may be used to calculate the settlement value of a case, the evolution of unorthodox twists in traditional patent litigation may affect your answer and change the valuation of the case and the possibility of settling at an early stage. -
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. -
HP's Patent Armada is Lost at Sea ( June 1999 )
In earlier issues, we have written about the torpedoing of Seiko-Epson's submarine patents and the sinking of Cano. -
GATT Giveth and GATT Taketh Away ( January 1999 )
The GATT amendments to the U.S. patent statute, Title 35, U.S. Code, impose a subtle effect on potential damages r. -
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. -
Reviewing Competitor's Patents: Are There Risks? ( January 1999 )
The article discusses the implications of having advance knowledge of your competitors patents.