btfitz_20140506_968_M

IP Wise

Making Business Wise About Intellectual Property Litigation

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Not Dead Yet: False Marking Claims

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We’ve commented numerous times before about the rise—and fall—of so–called “false marking” claims, which, like the goddess Athena of Greek mythology, were born fully armed and fighting (following the Federal Circuit’s decision in Forest Group, Inc. v. Bon Tool Co. rapidly expanding the amount of damages which could be claimed by a party bringing suit),...

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Fact–Checking With the Supreme Court

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Congress has created a web of laws that connect the U.S. Patent and Trademark Office with the federal courts. Sometimes—arguably too often—this web is a tangled one, creating inconsistencies between what you can do and argue in the Patent Office and what you can do and argue in Court. For an example, see the full–throated...

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Staying the Master of Your Domain

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As the college football season comes to a close and the NFL playoffs heat up, we’re ready to reach for a football cliché to describe the latest developments in the world of Internet domain names. Sometimes the best defense is a good offense…and sometimes it’s best to defend against offensiveness. That is the theory behind...

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An Exceptional Loss

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In a recent panel decision, MarcTec, LLC v. Johnson & Johnson and Cordis Corp., the Federal Circuit once again affirmed a decision hitting an exceptional plaintiff with an exceptional attorneys’ fees award. In MarcTec, the lower court found that the Plaintiff engaged in litigation misconduct, raising “baseless” and “frivolous” allegations of infringement and acting in “bad faith” in bringing...

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