Faruki Blog

Don Burton

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New Developments in the Law on Data Breaches

In what it called "one of the latest setbacks for the social-media giant," the Wall Street Journal reported on October 17, 2008, that Facebook.. Read More

An Odd Couple: A Primer on the Two Different Frameworks for Calculating the Terminal Date of a U.S. Copyright

"A Landslide of Classic Art is About to Enter the Public Domain" asserts a recent article in The Atlantic. Why this is so requires explaining the.. Read More

The Federal Circuit Rules that "Expenses" in Patent Statute Does Not Mean Attorneys Fees; Creates Circuit Split

The United State Patent and Trademark Office ("PTO") has aggressively litigated its position that anyone who challenges the PTO's denial of a patent.. Read More

The Supreme Court Allows Lost Profits on Foreign Sales as Damages for Infringement of a U.S. Patent

A United States patent gives the owner certain patent rights, including the right to sue for damages for infringement. It has been generally.. Read More

WesternGeco v. Ion: Will the Supreme Court Take Patent Damages Into Uncharted (International) Waters?

The Supreme Court will soon decide, in WesternGeco, LLC v. Ion Geophysical Corp., whether a patent owner can recover damages for a defendant's.. Read More

Exmark v. Briggs & Stratton: The Federal Circuit Addresses the Permissible Scope of Expert Testimony on Damages -- "Mower" or Less

In a recent decision, Exmark Mfg. Co. v. Briggs & Stratton Power Prods. Grp., LLC, 879 F.3d 1332 (Fed. Cir. 2018), the Court of Appeals for the.. Read More

The Federal Circuit Will Rule on the Government's "Heads I Win, Tails You Lose" Position on Recovering Attorney's Fees As "Expenses"

According to the United States Patent and Trademark Office ("PTO"), an applicant for a patent that tries to challenge the PTO's denial of a patent.. Read More

The Supreme Court Ponders the Constitutionality of Administrative Cancellation of Patents, But Probably Not for Long

In Oil States Energy Services, LLC v. Greene's Energy Group, LLC, Docket No. 16-712, 137 S. Ct. 2239 (June 12, 2017), the Supreme Court will rule on.. Read More

Post-Impression-ism: Avoiding the Patent Exhaustion Defense After Impression v. Lexmark

In a decision viewed as unfavorable to enforcement of patent rights, the Supreme Court in Impression Products v. Lexmark Int'l, 137 S. Ct. 1523.. Read More

Will the Federal Circuit (Or Congress) Contain the Gusher of Patent Litigation in East Texas?

Perhaps the strangest aspect of patent practice in the United States, especially for non-lawyers, is the fact that so much patent infringement.. Read More
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