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Intellectual Property

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Lost Profits – Who’s Sale is it Anyway?

August 1, 2022 | Blog | By Brad M Scheller, Robert Sweeney

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Rule 11—Use It Wisely

July 20, 2022 | Blog | By Brad M Scheller, Robert Sweeney

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SCOTUS Declines to Answer Calls for Clarification in American Axle v. Neapco

July 13, 2022 | Blog | By Brad M Scheller, Andrew DeVoogd, Matthew Karambelas, Amanda Metell

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Rule 11 Sanctions Appropriate for Frivolous Inventorship Pleading

July 13, 2022 | Blog | By Michael Renaud, Brad M Scheller, Robert Sweeney

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Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

July 11, 2022 | Blog | By Monique Winters Macek, Meena Seralathan, Lily Zhang

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5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

July 6, 2022 | Blog | By Daniel Weinger, Michael Renaud, Bruce Sokler, James Thomson

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Five Tips For Every In-House Counsel Launching an Open Source Software Program

July 5, 2022 | Blog | By Marguerite McConihe, Greg Penoyer

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DOJ Breaking with Big Tech Approach to SEPs

June 13, 2022 | Blog | By Daniel Weinger, Michael McNamara, Michael Renaud, James Thomson

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Rules for Complainant Success in ITC Trade Secret Litigation

May 16, 2022 | Blog | By Jonathan Engler, Michael Renaud

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The ITC Should Put Its Foot Down on Patent Hold-out and Hold-up

May 9, 2022 | Blog | By Jonathan Engler, Michael Renaud

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Amazon’s Utility Patent Neutral Evaluation Proceeding: Let the Seller Beware

March 22, 2022 | Blog | By Michael Graif, Matthew Hurley

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Avoiding Unforced Tech DI Errors at the ITC

March 11, 2022 | Blog | By Jonathan Engler, Michael Renaud

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Open Question: Use of Stolen Trade Secrets May or May Not Qualify as a Predicate Act Under RICO

March 10, 2022 | Blog | By Adam Samansky, Michael McNamara, Nicholas Armington, Oliver Ennis

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In two recent decisions, both issued on February 4, 2022, the United States Court of Appeals for the Federal Circuit (the “CAFC”) erased two huge patent damages awards because the underlying expert opinion on damages was untethered to the specific facts of each case.
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No Harm, No Foul, and No Standing for Would-be SEP Implementer: 5th Circuit Changes Narrative on Patent “Hold Up”

March 3, 2022 | Blog | By Daniel Weinger, Michael Renaud, Bruce Sokler, James Thomson

In its analysis of Cont’l Auto. Sys., Inc. v. Avanci, L.L.C.,, the Fifth Circuit made several interesting findings: (1) that potential pass-through non-FRAND royalties are too speculative to create an injury in fact; (2) that SEP holders can fulfill their obligations to SSOs, with respect to suppliers, by actively licensing SEPs to downstream OEMs; and (3) that not all implementers are intended beneficiaries entitled to FRAND licenses.
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International Comparative Legal Guides 2022 Chapter 27

Chapter 27

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