§ 284, as required by the 2007 en banc Federal Circuit Court of Appeals decision, In re Seagate Technology. Supreme Court changed the law regarding when enhanced damages should be awarded in patent infringement cases by eliminating the two-part test for determining whether a district court may increase (or decline to increase) damages pursuant to 35 U.S.C. Whittemore Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’īy Michael J.
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Government Accountability Office Releases Two Reports on the United States Patent & Trademark Office and a Survey of USPTO Examiners - Lauren E. TTAB Precedential Decision on Marijuana: How the TTAB Got It Wrong - Moira Lion “Reaching Back” to Acts of Continuing Misappropriation Under the Defend Trade Secrets Act - Ronnie Solomon and Patrick E. Second Circuit Finds DMCA Grants Safe Harbor to Service Providers for Pre-1972 Sound Recordings - Kathleen Lu and Jennifer Stanley The TPP’s Intellectual Property Chapter (Chapter 18) establishes complex, detailed provisions pertaining to patents, copyrights, and trademarks, as well as rules regarding procedure, enforcement, and remedies. Sacksteder and Scott Tolchinsky The TPP’s Trademark Provisions: Expanding Power at the Potential Cost of Balance in the Marketplace
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In This Issue Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’