Patent Baristas

[This is the fifth in a series of postings regarding the various proposals in the Patent Act of 2005.] Apportionment of Damages for Infringement in the Case of a Combination If 35 U.S.C. 271(f) remains unchanged, there may be some relief offered to defendants by the proposal that damages should be assessed according to the […]

[This is the fourth in a series of postings regarding the various proposals in the Patent Act of 2005.] Willful Infringement The phrase treble damages strikes terror into the heart of all non-patentees. It further promotes a balancing act between maintaining an ostrich mentality and risking that curiosity will kill the cat. An individual who […]

Last June, we detailed that the U.S. Court of Appeals for the Federal Circuit upheld a trial court decision that three patents held by Purdue Pharma LP couldn’t be enforced because of misrepresentations to the U.S. Patent and Trademark Office about the painkiller’s effectiveness thus giving Endo Pharmaceutical Holdings Inc. the right to sell a […]

[This is the third in a series of postings regarding the various proposals in the Patent Act of 2005.] Duty of Candor in Front of the USPTO The Code of Federal Regulations mandates that a patent is affected with a public interest and that this interest is best served when the USPTO is aware of […]