by Steve Driskill | Dec 19, 2012 | [sub] damages, Post-Issuance
Not much from a pure prosecution standpoint, but damages issues may arise when otherwise counseling clients. The point here is that lost profit damages, often the preferred measure of damages for the patentee, may be recovered even when the patentee does not actually...
by Steve Driskill | Dec 17, 2012 | [sub] licensing, Post-Issuance
A license under a patent that is not directed to any specific claims, field of use, or other limited right will generally be interpreted to extend to the full scope of protection provided by law to the invention that is the subject of that patent. Reissuance, by...
by Steve Driskill | Dec 13, 2012 | Post-Issuance
Congress’s retroactive elimination of the qui tam provision from § 292 does not violate the Due Process Clause or the Intellectual Property Clause of the Constitution. For all intents and purposes, false marking suits on behalf of otherwise disinterested third parties...
by Steve Driskill | Nov 27, 2012 | [sub] injunction, Post-Issuance
While not particularly relevant for patent preparation or prosecution, the main holding here is simply that the likelihood of success in a patent case is a substantive matter, and that Federal Circuit law (which tends to be the most favorable to patentees seeking an...
by Steve Driskill | Jul 13, 2012 | [sub] licensing, Post-Issuance
Caution your client against sending any internal opinion letters (or internal communications generally) directly to a competitor. If that is their intention, a separate letter should be prepared for this purpose, and drafted as a public document. Background / Facts:...
