Should Willful Infringers Pay Enhanced Damages?

Should Willful Infringers Pay Enhanced Damages?

Mark Finkelstein and Scott Miller Section 284 of the U.S. Patent Act provides that if a defendant has been found to have infringed a patent, “the court may increase the damages up to three times the amount found or assessed” after a finding that the infringement was...
Should the Slants Get a Trademark?

Should the Slants Get a Trademark?

By David Kline The latest release from Simon Tam’s dance rock group The Slants is called “The Band Who Must Not Be Named” — and for good reason. Despite making music for more than a decade, the world’s first all Asian-American dance rock band has...
Should Software Patents Be Outlawed?

Should Software Patents Be Outlawed?

By David Kline in June of 2014, The U.S. Supreme Court issued its most consequential decision on the patentability of software in since it upheld the first software patent 33 years previously. In Alice v. CLS Bank, the Court ruled that taking some activity that people...
Is the Supreme Court Killing Life Science Innovation?

Is the Supreme Court Killing Life Science Innovation?

By David Kline In 2012, the United States Supreme Court in Mayo Collaborative Services v. Prometheus Labs invalidated a patent for an innovative diagnostic test for a personalized medicine dosing regimen, and the fallout from this ruling continues to affect the whole...
Is Patent Litigation Out of Control?

Is Patent Litigation Out of Control?

By David Kline Critics of the patent system claim we are witnessing an “explosion of patent litigation” unlike any in history that is harming business and diverting resources better spent on innovation. According to Lex Machina, a respected legal analytics firm, there...