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Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant
October 19, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On October 5, 2022, U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas recommended denying-in-part a motion for summary judgment of no willful infringement, holding that requisite knowledge of the asserted patent and alleged infringement of that patent could be satisfied by notice of the lawsuit before the moving defendant was added as a party.
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An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA
October 10, 2022 | Blog | By Oliver Ennis, Nicholas Armington, Adam Samansky
Lost Profits – Who’s Sale is it Anyway?
August 1, 2022 | Blog | By Brad M Scheller, Robert Sweeney
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
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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