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The Federal Circuit's recent decision in Brumfield v. IBG LLC marks a new chapter for the global reach of U.S. patents.1 Per the Court's decision, U.S. patentees may-- under the [...]

A standard-essential patent (SEP) is a patent whose subject matter is essential for compliance with an industry standard. SEP holders may enter agreements with Standard Setting Organizations to license their [...]

In many patent suits, patent holders seek injunctive relief to prevent an accused infringer from continuingto practice the patented invention. Whether an injunction can be granted depends on various considerations [...]

Why Patent Venue Matters When it comes to patent cases, venue matters. As just one example, we noted in an article we published ear- lier this year that outcomes for [...]

On January 5, 2023, the Federal Trade Commission (FTC) proposed a new rule banning the vast majority of non-complete agreements as an unfair method of competition.2 The rule also specifies [...]

Under 35 U.S.C. § 271(a), a patent is infringed when someone 'without authority . . . offers to sell, or sells any patented invention, within the United States.'1In this manner, [...]

Daniel Cooley and Kathleen Hanley1 Calculating patent damages is 'not an exact science.'2 This is especially true when addressing principles of apportionment. The principle of apportionment seeks to ensure that [...]

It has been nearly five years since the Judicial Conference of the United States and the Supreme Court eliminated Form 18, which provided a simple way to plead direct patent [...]

On July 15, 2019, the U.S. Patent and Trademark Office (USPTO) released a second update of certain sections of the Trial Practice Guide to provide further guidance on the rules [...]