Author Archives: Clifford Chang

In its recent ruling in Commil USA v. Cisco Systems, 575 U.S. __ (2015), the Supreme Court addressed the knowledge requirement for a claim of inducing patent infringement, holding that defendants in a patent case could not evade liability by … Continue reading

Posted in Intellectual Property | Tagged , , , , , , , , , , , , | Comments Off on Good-Faith Belief of Invalidity Not a Defense to Inducement

The Federal Circuit, in Aqua Shield v. Inter Pool Cover Team, 774 F.3d 766 (Fed. Cir. 2014), recently provided further guidance on the traditional method for assessing the market value of a patent: the hypothetical negotiation. The court considered evidence of an … Continue reading

Posted in Intellectual Property, Patent Litigation | Tagged , , , , , , , , , , , | Comments Off on Aqua Shield v. Inter Pool Cover Team – Evidence of Actual Profits Does Not Hold Water in Reasonable Royalty Analysis

Patents claiming inventions which must be used to comply with certain technical standards (for example, the Wi-Fi standard or standards for 3G) are referred to as standards-essential patents or “SEPs”. There has, historically, been little judicial guidance concerning damages in … Continue reading

Posted in Patent Litigation | Tagged , , , , , , , , , , , , , , , | Comments Off on Ericsson, Inc. v. D-Link Sys., Inc. Guidance on Determining Damages for Standard Essential Patents

On May 19, 2014 a U.S. District Court in the Eastern District of Texas granted a joint motion to dismiss Wall Wireless’ patent lawsuit against Nintendo filed in February of 2009, which implicated the Nintendo DS and DSi systems (link … Continue reading

Posted in Trademark & Trade Dress | Tagged , , , , | Comments Off on Nintendo Latest Victory Against NPE