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While enjoining infringing activity is the objective of most trademark infringement lawsuits, an analysis of the potential damages available in a trademark infringement action and the methodology for proving damages should be conducted prior to filing a complaint. Basic questions that need to be answered before filing a lawsuit include:
By Lewis R. Clayton and Eric Alan Stone
How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB’s decision upholding the patent’s validity.
By Phillip Bantz
The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.
By Christine E. Weller
Converse v. ITC
By Justin Oliver
Beginning on Nov. 13, 2018, the USPTO will cease to apply the broadest reasonable interpretation (BRI) standard for newly-filed IPR, PGR, and CBM trials under the America Invents Act (AIA). Instead, the USPTO will begin “using the same claim construction standard that would be used to construe the claim in a civil action …."