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August 2007 - Posts
In re Seagate Technology
It looks like shimmying under the willfulness bar just got easier with the Federal Circuit's decision In re Seagate Technology. Seagate , an en banc decision, overturns the prevailing willfulness test and establishes a new, higher standard for assessing a potential infringer's liability for enhanced damages. Don't dust off your Chubby Checker records just yet---the parameters of the test...
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Benitec Australia, Ltd. v. Nucleonics, Inc.
When does a back-up alarm become music to a patent holder's ears? How about when it signals a possible way for that patent holder to back out of infringement litigation it started but which it would now like to stop. Listen closely. That beeping may be emanating from the decision in Benitec Australia, Ltd. v. Nucleonics, Inc. In Benitec, the Federal Circuit clarifies how a patent holder may be...
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Takeda Chemical Ind., Ltd. v Alphapharm Pty., Ltd.
After KSR, the Federal Circuit's decision in Takeda Chemical Ind., Ltd. v Alphapharm Pty., Ltd. may feel like a spoonful of sugar to patent holders. Takeda involved a patent which included claims for a chemical compound for use as an anti-diabetic agent. The defendant sought to invalidate the patent. It alleged that, because the compound was chemically similar to another compound - known as "Compound...
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