Litigation May 2015.

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Presentation transcript:

Litigation May 2015

Damages No causation requirement for design patent “total profit” award under 35 USC 289. Apple v. Samsung (FC May 18). Current disagreement among FC judges regarding enhanced damages (willfulness) standards, review of awards. Halo v. Pulse (FC Mar 23) (denying en banc, fishing for cert.). Also pending legislation

Inducement: Invalidity Belief Not a Defense Commil v. Cisco (US May 26) Global-Tech (2011) = “knowledge” of patent + knowledge “the induced acts constitute patent infringement” “And because infringement and validity are separate issues under the Act, belief regarding validity cannot negate the scienter required under 271(b).” Allowing defense would undermine presumption. “[I]nvalidity is not a defense to infringement, it is a defense to liability.” Suggests reexam, IPR, DJ, CC if really think invalid. General torts: mistake of law not a defense.

Litigation May 2015