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What Constitutes 'A Sale' and 'an Offer to Sell'?

The Federal Circuit addressed what activity constitutes a sale or an offer for sale for purposes of 35 U.S.C. '271 and, in an important concurrence, Circuit Judge O'Malley provides a provocative analysis of the standard for enhanced damages under '284 in parallel to recent Supreme Court edicts on the standard for attorneys' fees under '285 and calls upon the Federal Circuit to reevaluate the standard for willfulness.

9 minute read November 30, 2014 at 11:00 PM
By
Veronica Mullally Munoz And Andrew J. Cochran
What Constitutes 'A Sale' and 'an Offer to Sell'?

In its recent opinion, Halo Electronics, Inc. v. Pulse Electronics, Inc., 2:07-cv-00331 (Fed. Cir.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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