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E-Discovery in Patent Litigation (Electronic Discovery & Information Governance - Tip of the Month) September 2014
The general counsel of a technology company has received a complaint alleging patent infringement by the company’s highest-grossing product.
United States
1 Oct 2014
2
Model E-Discovery Order for US Patent Cases Announced
At the Eastern District of Texas’ Annual Bench & Bar Conference, on September 27, 2011, Chief Judge Randall Rader of the Court of Appeals for the Federal Circuit announced the publication of a Model E-Discovery Order for patent cases, drafted by a subcommittee of the Advisory Council for the Federal Circuit.
United States
4 Oct 2011
3
The Federal Circuit Rewrites The Standard For Willful Infringement And Drastically Narrows The Scope Of Privilege Waivers
The Federal Circuit's en banc decision in In re Seagate Technology, LLC, Fed. Cir. Case No. Misc. 830 (Aug. 20, 2007), raised the standard of proof for willful patent infringement. By raising the standard of proof, and overturning a 24-year-old decision, the Federal Circuit has limited the impact of a threat of treble damage awards that patent holders use against companies accused of patent infringement.
United States
30 Aug 2007
4
Change In Declaratory Judgment Standing In Patent Cases
Under pressure from the Supreme Court, the Federal Circuit recently changed the law governing declaratory judgment standing for patent infringement cases in Sandisk Corp. v. STMicroelectronics, Inc., — F.3d — (Fed.Cir., Mar. 26, 2007) As a result, many notice letters sent to potential infringers—specifically drafted to avoid giving them declaratory judgment standing—probably now do so.
United States
3 Aug 2007
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