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Judge Albright Holds Willful Infringement Pleading Does Not Require Allegations of Egregious Infringing Behavior
July 22, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
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
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
Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions
July 11, 2022 | Blog | By Monique Winters Macek, Meena Seralathan
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
Five Tips For Every In-House Counsel Launching an Open Source Software Program
July 5, 2022 | Blog | By Marguerite McConihe, Greg Penoyer
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
Why is the ITC a Great Venue for Protecting Trade Secrets? Speed and Extraterritorial Authority
May 12, 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
Determining Entity Status Before the United States and Patent Trademark Office: Large, Small, or Micro?
May 3, 2022 | Blog | By Christina Sperry, Elissa Kingsland
Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages
April 29, 2022 | Blog | By Peter Snell, Meena Seralathan
Judge Alsup Certifies Two Hot Button Issues on Standard for Pleading Willful Infringement for Interlocutory Appeal to the CAFC
March 23, 2022 | Blog | By Joe Rutkowski, Peter Cuomo, Adam Samansky
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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