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Patent Infringement › Appeals › Standard of Proof

Vorys, Sater, Seymour and Pease LLP

The Precendent: U.S. Court of Appeals for the Federal Circuit Reaffirms Standard of Proof for Correcting Inventorship in BearBox...

Vorys, Sater, Seymour and Pease LLP on

In this edition of The Precedent, we outline the recent federal circuit decision in BearBox LLC v. Lancium LLC. The United States Court of Appeals for the Federal Circuit recently affirmed that parties seeking correction of...more

Morgan Lewis

Supreme Court Rejects Federal Circuit’s Two-Part “Objective Recklessness” Test

Morgan Lewis on

The decision, which affects enhanced patent infringement damages, restores the statutory discretion of district courts, whose exercise of discretion should be channeled by sound legal principles limiting the award of enhanced...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Rules District Courts to Have More Discretion in Finding Willful Patent Infringement by Malicious Pirates

McDonnell Boehnen Hulbert & Berghoff LLP on

On June 13, 2016, the Supreme Court ruled unanimously, in an opinion by Chief Justice Roberts, that an award of enhanced damages pursuant to 35 U.S.C. § 284 should be within the sound discretion of a district court, albeit...more

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