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On vacatur and remand from the Supreme Court in light of Commil USA, LLC v. Cisco Sys., Inc., 135 S. Ct. 1920 (2015), the Federal Circuit reaffirmed that defendant Medtronic Sofamor Danek USA, Inc. (MSD) induced infringement of U.S. Patent No. 7,470,236 (“the ’236 Patent”) to NuVasive, Inc., because its belief of non-infringement was unreasonable. The decision highlights the tension faced by alleged infringers, who must balance invalidity issues where a broad construction is desirable, against non-infringement issues, where narrow constructions are desired.
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By Stacey C. Kalamaras and Henry Kaskov
This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.
By Jared Looper
Federal Treasury Enterprise Sojuzplodoimport v. Spirits International BV
What do the fall of the Soviet Union, a heist of trademark rights, and Stolichnaya vodka have in common? They are all key components of the Russian Federation’s efforts to reclaim its trademarks in Stolichnaya vodka.
By Laura O’Laughlin, Harriet Ho and Duy (Joey) Duong
As survey evidence has become increasingly common in litigation, it is important to remember that not all surveys are made the same. It’s important to be able to identify the right survey methodology for the matter at hand. Third in a series
By Jeff Ginsberg and Abhishek Bapna
Federal Circuit: ITC Did Not Err in Denying Non-Respondent’s Petition to Rescind Exclusion Order Based on Invalidity Grounds
Federal Circuit: District Court Did Not Err in Ruling that ‘Half-Liquid’ Is Indefinite
Federal Circuit: District Court Did Not Err In Allowing Jury to Determine Infringement Based on Products’ Compliance with Standard