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12 Jul 2016, 2:36 pm
§ 284 was not appropriate, after applying the Circuit’s two-part objective/subjective test for willful or bad-faith infringement set forth in In re Seagate Tech., LLC. [read post]
12 Jul 2016, 6:44 am
The Court deferred entering a judgment on the jury’s verdict, however, in order to consider the objective prong of the [In re Seagate Tech., LLC, 497 F.3d 1370 (Fed. [read post]
6 Jul 2016, 7:46 am
Tags: eDiscoveryThe post Linked – Seagate 8TB Drive For $229. [read post]
5 Jul 2016, 10:15 am
To retain the Seagate two-part test, the first and second parts of the Seagate test must be decoupled. [read post]
1 Jul 2016, 6:44 am
"The [MDL judge's] order relied exclusively on [In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. [read post]
30 Jun 2016, 2:31 pm
” Thus, in discarding the Seagate test, the Court did not replace it with a new test. [read post]
29 Jun 2016, 6:01 am
We've Moved! [read post]
29 Jun 2016, 5:28 am
" In re Seagate Tech., LLC, 497 F.3d 1360, 1368 (Fed. [read post]
28 Jun 2016, 6:41 am
The decision rejects the objective-recklessness standard of Seagate (Fed. [read post]
27 Jun 2016, 12:29 pm
In re Seagate adopted a two-part test for determining when a district court could increase damages pursuant to §284, which was simply too rigid. [read post]
27 Jun 2016, 5:07 am
Manifestó que el estándar de In re Seagate Technology, LLC id. impone una carga evidenciaría que no contempló el Congreso cuando legisló el 35 U. [read post]
26 Jun 2016, 8:25 pm
June 29, 2016 - "Arrival of a New Privilege and a Review of Potential Waivers of Privilege in Business Contexts" (American Intellectual Property Law Association) - 12:30 - 2:00 pm (Eastern) June 30, 2016 - "Goodbye to Seagate: Willfulness and Enhanced Damages After Halo" (Intellectual Property Owners Association) - 2:00 to 3:00 pm (ET) July 6-8, 2016 - Fundamentals of Patent Prosecution 2016: A Boot Camp for Claim Drafting & Amendment Writing (Practising Law… [read post]
25 Jun 2016, 8:19 pm
The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Goodbye to Seagate: Willfulness and Enhanced Damages After Halo" on June 30, 2016 from 2:00 to 3:00 pm (ET). [read post]
24 Jun 2016, 6:58 am
. __ (June 13, 2016)], the Supreme Court rejected the Federal Circuit’s two-part test from Seagate for determining when a district court may award enhanced damages as inconsistent with § 284. [read post]
24 Jun 2016, 2:15 am
In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that the defendant was unaware of at the time the infringement occurred. [read post]
23 Jun 2016, 6:15 am
Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent cases under Section 284, finding the Federal Circuit’s two-part test “impermissibly encumbers the statutory grant of discretion to district courts. [read post]
19 Jun 2016, 10:02 pm
Rulings Writing for an 8-0 court, Chief Justice Roberts rejected three key aspects of Seagate. [read post]
17 Jun 2016, 11:56 am
" The Court also noted that the Seagate test improperly allowed ex post facto defenses in considering culpability. [read post]
16 Jun 2016, 1:55 pm
But as explained by a former Chief Judge of the Federal Circuit, the risk of liability under Seagate was minimal: “The people who say, ‘Don’t read your rival company’s patents because you’ll get hung for willful infringement’—I think that’s ridiculous. [read post]
14 Jun 2016, 1:09 pm
Since 2007, under the now-overturned-Seagate-analysis, a patent infringer could more easily […] [read post]