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Patent Litigation in a Pandemic: Courts Forge Ahead And Patentees Continue to Institute New Cases Despite Coronavirus

As we enter a new month and everyone attempts to plan for whatever the next phase of COVID-19 will bring, one thing appears certain—litigants and advocates may need to adapt to a new means of presenting their cases, but...more

Supreme Court Provides Additional Clarity on the Scope of Patent Exhaustion

According to a recent Supreme Court decision, when it comes to the applicability of patent exhaustion, “restrictions and location are irrelevant; what matters is the patentee’s decision to make a sale.” In Impression...more

Court Lacks Subject Matter Jurisdiction over Unasserted Claims

A party can raise lack of subject-matter jurisdiction at any time during a litigation. Illustrating this point, recently in Joao Control & Monitoring Systems, LLC v. Telular Corporation a patentee saved its unasserted patent...more

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