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Rule 11—Use It Wisely
July 20, 2022 | Blog | By Brad M Scheller , Robert Sweeney
Rule 11 Sanctions Appropriate for Frivolous Inventorship Pleading
July 13, 2022 | Blog | By Michael Renaud, Brad M Scheller , Robert Sweeney
DOJ Breaking with Big Tech Approach to SEPs
June 13, 2022 | Blog | By Daniel Weinger, Michael McNamara, Michael Renaud, James Thomson
Rules for Complainant Success in ITC Trade Secret Litigation
May 16, 2022 | Blog | By Jonathan Engler, Michael Renaud
The ITC Should Put Its Foot Down on Patent Hold-out and Hold-up
May 9, 2022 | Blog | By Jonathan Engler, Michael Renaud
Amazon’s Utility Patent Neutral Evaluation Proceeding: Let the Seller Beware
March 22, 2022 | Blog | By Michael Graif , Matthew Hurley
Avoiding Unforced Tech DI Errors at the ITC
March 11, 2022 | Blog | By Jonathan Engler, Michael Renaud
Expert Patent Damages Opinions Hit the Spotlight as Federal Circuit Scuttles Two Patent Infringement Verdicts Worth $1.2 Billion in One Day
March 9, 2022 | Blog | By Andrew DeVoogd, James Thomson
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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Patent Owner Tips for Avoiding IPR Institution
March 1, 2022 | Blog | By William Meunier , Michael Renaud, Brad M Scheller
Inter partes reviews have a very high institution rate. And worse, once instituted IPRs result in invalidated claims at an inordinately high rate. The best defense against an IPR petition is to convince the Patent Trial and Appeal Board to deny institution. In this post, the Mintz IPR team put together out top six tips for avoiding IPR institution.
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Plaintiff Can Assert Patent Infringement and Seek Injunctive Relief in Second-Phase BPCIA Litigation Per Illinois District Court Decision
February 24, 2022 | Blog | By Adam Samansky, Joe Rutkowski, Tianyi Tan
On January 26, 2022, in what appears to be a case of first impression, U.S. District Court Judge John Z. Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s motion to dismiss patent infringement claims brought in the second phase of the parties’ Biosimilar Price Competition and Innovation Act (“BPCIA”) litigation. In so doing, Judge Lee held that the reference product sponsor (“RPS”) plaintiff is not limited to only declaratory judgment actions in the second phase of litigation under the BPCIA.
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