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Return to Real (Pre-eBay) Injunctive Relief?

In a rare occurrence, the DOJ’s Antitrust Division and USPTO submitted a joint “Statement of Interest of the United States of America” (DOJ Statement) in support of injunctive relief in a district court patent case: Radian...more

Split Federal Circuit Decision Emphasizes Need for Skilled Counsel

Complex damages analyses require skilled professionals who understand the law and facts of each case to navigate to success. The Federal Circuit’s recent en banc ruling in EcoFactor v. Google reiterates that point. The...more

Sales Projections and a “Litigation Risk Multiplier” Are Fair Game When Assessing Reasonable Royalty Damages

A recent decision from Judge Stark, now presiding at the Federal Circuit, endorses the use, by a patent owner’s damages expert, of sales projections and a “litigation risk multiplier” in determining reasonably royalty...more

Prior Daubert Orders and Discovery Lessons Out of N.D. Cal.

A recent order from the Northern District of California in Edwards Lifesciences Corp. v. Meril Life Sciences Pvt. Ltd., No. 19-cv-06593 (Jan. 27, 2022) (“Edwards”), provides guidance regarding the ability (or inability) to...more

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