Faruki Blog

Don Burton

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The Trouble with Treble: The Supreme Court May Change the Standard for Awarding Treble Damages for Patent Infringement

If you are a patent infringement defendant, it is an unfortunate fact that, under current U.S. patent law, the bad news of a jury verdict against you.. Read More

The 4th Circuit Authorizes a Heads I Win, Tails You Lose Attorneys' Fee Award in Certain Trademark Appeals

The Fourth Circuit Court of Appeals' recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by.. Read More

Shellshock: The Turtles' Successful State Law Copyright Claim Against Sirius

A recent decision in *Flo & Eddie, Inc. v. Sirius XM Radio* (the opinion can be found here), in which the court denied Defendant summary judgment, is.. Read More

An Octane Boost for Attorneys Fees Awards in Patent Cases

The "exceptional" patent case just became more common. On April 29, in Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare.. Read More

Marvel Team-Up? How Spider-Man Could Help the Supreme Court Defeat the Case That Wouldn't Die

If the Supreme Court decides to grant certiorari in Kimble v. Marvel Enterprises, 727 F.3d 856 (9th Cir. 2013), to get rid of the.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

Supreme Court Update: When the Smart Money Is Split Between the Favorites, Bet on the Long Shot

That bit of horse-racing wisdom expressed on the TV show M*A*S*H (ironically, by the pious chaplain, Father Mulcahy) should have been heeded by the.. Read More

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

If you own a patent and become aware that it is being infringed, what are your options? Usually three: 1) sue; 2) don't sue and ignore the.. Read More

The Supreme Court Arguments on Obamacare Have a Local Angle

Day Two (March 27) of the three days of Supreme Court arguments on Obamacare (officially, the Affordable Care Act) focused on the constitutionality.. Read More

Congress Passes America Invents Act: U.S. Patent Law Switches to a "First-to-File" System

On September 8, the U.S. Senate followed the House in passing the "America Invents Act," which the President is expected to sign it into law on.. Read More
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