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Deceptive Intent for Patent Unenforceability Based on a Pattern of Conduct
The Federal Circuit Court of Appeal has just issued a significant ruling in Luv n’ Care, Ltd. v. Laurain (Fed. Cir., Apr. 12, 2024, No. 2022-1905) 2024 WL 1590593, at *8–9 (LUV) dealing with the standard for proving the intent element of inequitable conduct, which is a defense to enforcement of patent rights. The question before the appeal…
When it comes to damages recovery, design patents trump utility patents
Determination of reasonable royalty is often difficult to prove and can leave a large portion of the profits with the infringer. Lost profits, on the other hand, corresponds to the sales the patent owner would have made if it had not been for the infringement. Design patents are not as popular as their better-known sibling,…