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Opinions of counsel in willful infringement cases.
April 1, 2002... Section 284 of Title 35 of the US Code provides that in patent infringement cases a trial court may order a judgment be entered in favor of a claimant for up to three times the compensatory damages as determined by the jury. (1) Although the...
Protecting trade secrets during the course of litigation.
April 1, 2002... Protecting trade secrets during the course of litigation is a significant challenge. There are numerous ways in which trade secrets can inadvertently be disclosed in drafting the complaint, during pretrial discovery and motions practice, at...
Doctrine of equivalents - still alive after amendments.
April 1, 2002... Doctrine of Equivalents--Still Alive after Amendments
In Interactive Pictures Corp. v. Infinite Pictures, Inc., [Fed. Cir., No. 01-1029, 12/20/01] the US Court of Appeals for the Federal Circuit affirmed the district court's finding that...
Your commercial general liability policy might cover trade secret misappropriation. (California)
April 1, 2002... Your Commercial General Liability Policy Might Cover Trade Secret Misappropriation
Most businesses purchase a commercial general liability policy (CGL). Insurers have labored to limit the scope of that CGL coverage to liability for harms...
Industry and law enforcement cooperation is the key. (to stopping counterfeiters) (Brief Article)
April 1, 2002... Industry and Law Enforcement Cooperation Is the Key
The apparent paradox is plain: The more resources US industry dedicates to tracking down and stopping counterfeiters, the more the number of counterfeits sold around the world seems to...
Geographic identifiers in domain names - no special protection at this time. (part 1)
April 1, 2002... Geographic Identifiers in Domain Names--No Special Protection at This Time
This is the first of a two-part series. Next month's issue will conclude the discussion, with an examination of a few more cases.
The use of geographical...
Applying estoppel to unamended claim limitations. (in patent law)
April 1, 2002... Applying Estoppel to Unamended Claim Limitations
On January 8, 2002, the Supreme Court heard oral argument in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., to decide the scope of equivalence available under the doctrine of...