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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...
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...
Has the Government Made It Too Easy To Invalidate Patents?

Has the Government Made It Too Easy To Invalidate Patents?

By David Kline In June of 2016, the United States Supreme Court issued a ruling in one of the most consequential cases affecting the patent system. On the surface, Cuozzo Speed Technologies v. Lee was about whether the Patent Office (PTO) can use a different standard...
How Can We Stop Chinese Theft of Intellectual Property?

How Can We Stop Chinese Theft of Intellectual Property?

By David Kline The latest figures indicate that the total cost of patent infringement, pirated software, counterfeit goods, an theft of trade secrets costs the U.S. economy somewhere between $225 billion to $600 billion each and every year. And according to the...