IP Litigator articles

Recent articles from IP Litigator

What did you know and when did you know it? A look at the law of notice for willful infringement.
July 1, 2006... To willfully infringe a patent, one must have actual notice of the patent and act in disregard of the patent. (1) "[Once an] infringer has actual notice of another's patent rights, he has an affirmative duty to exercise due care to determine whether or not he is infringing." (2) This...

Improving the quality and value of the university patent portfolio.
July 1, 2006... Intellectual property (IP) management can be of significant financial and strategic importance to a university involved in technological research, because it may derive significant financial and intangible benefits from an effectively managed IP portfolio. However, budgetary constraints and...

Reasonable prefiling investigation and the test for rule 11: the "I would have if I could have" test.
July 1, 2006... Armed with a patent and suspicion of infringement, a patentee must form a reasonable basis for bringing an infringement action. While appearing simple, Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that might not be so clear about what satisfies...

Obtaining evidence in Germany for US patent litigation.
July 1, 2006... Nearly half of all United States utility patents have a foreign origin. Germany is the second largest country of origin, after Japan, for US patents? The necessity of collecting evidence from German sources, thus, is a commonly occurring challenge in patent litigation. If your client's...

Patent opinion letters: privilege waivers after Knorr.
July 1, 2006... Knorr-Bremse: The Federal Circuit Changes the Role of Opinions of Counsel in Patent Cases In September 2004, the en banc opinion of the Federal Circuit Court in Knorr-Bremse Systeme Fuer Nutzfahrzeuge Gmbh v. Dana Corp., (1) held that neither the absence of an attorney opinion nor the...