April 2010 – Click for full issue

• Post Seagate cases show that the failure to obtain an opinion of counsel still weighs heavily in determining whether to enhance damages
• Using royalty rates in licenses given to settle infringement actions as evidence of a royalty rate in a hypothetical negotiation
• Accused infringer’s failure to challenge scope of a permanent injunction when appealing a final judgment precluded later challenge to the injunction’s scope when defending against a charge of contempt
• Federal Circuit overrules PTO’s methodology of calculating patent term adjustments where Period A delays “overlap” Period B delays

Posted in Patent Happening