Allegations of indirect patent infringement require, among other things, pleading that the defendant had knowledge of the asserted patent. It is not well-settled law, however, whether notice of a complaint itself satisfies...more
- On June 22, 2020, the ITC issued a notice extending its COVID-19 Action Plan.
- The ITC entered Phase One of its three-phase plan to reopen to the public.
- The ITC ordered the ITC’s Administrative Law Judges to...more
6/23/2020
/ Administrative Law Judge (ALJ) ,
Coronavirus/COVID-19 ,
Court Schedules ,
Electronic Filing ,
Infectious Diseases ,
International Trade Commission (ITC) ,
Patents ,
Re-Opening Guidelines ,
Remote Proceedings ,
Rules of Practice ,
Section 337
The Federal Circuit recently affirmed a district court’s holding that a settlement agreement between a patentee and a defendant manufacturer released additional defendants from liability because their products used components...more
- On May 14, 2020, the ITC extended its COVID-19 Action Plan through July 10, 2020, thereby postponing all in-person hearings in Section 337 investigations until after July 10, 2020.
- Most recently, the ITC had postponed...more
- In Romag Fasteners Inc. v. Fossil Inc. et al., the Supreme Court held that a showing of a defendant’s willfulness is not a prerequisite for recovering an infringer’s profits for trademark infringement under the Lanham...more
4/28/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) recently reversed a preliminary injunction enjoining a patentee from making allegations of patent infringement and threatening litigation against...more
- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more
- The CARES Act grants the Director of the USPTO temporary authority to “toll, waive, adjust, or modify” statutory deadlines under the Title 35 of the United States Code governing patent law.
- In a Notice published on...more
The Federal Circuit recently affirmed a district court’s holding that a merger clause in a patent license settlement agreement did not extinguish a prior covenant not to sue on the same patent because the agreement did not...more
2/3/2020
/ Contract Interpretation ,
Covenant Not to Sue ,
Exclusive Licenses ,
License Agreements ,
Merger Agreements ,
Merger Clause ,
Mergers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Settlement Agreements