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Fitch, Even, Tabin & Flannery LLP

Federal Circuit Emphasizes Gatekeeper Role of Court in Damages Expert Evidence

Fitch, Even, Tabin & Flannery LLP on

On May 21, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued an en banc ruling in which the court remanded the case for a new trial on damages. In so doing, the Federal Circuit emphasized the role of the court in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Emphasizes that an Obviousness Analysis Based on Common Sense Must be Supported by Substantial Evidence and...

Mintz - Intellectual Property Viewpoints on

A recent decision by the Federal Circuit suggests that relying on “common sense” in analyzing whether a patent is obvious in view of prior art cannot always be based on common sense alone. In a decision providing...more

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