Faruki Blog

Post-Impression-ism: Avoiding the Patent Exhaustion Defense After Impression v. Lexmark

In a decision viewed as unfavorable to enforcement of patent rights, the Supreme Court in Impression Products v. Lexmark Int'l, 137 S. Ct. 1523.. Read More

The Trouble with Treble: The Supreme Court May Change the Standard for Awarding Treble Damages for Patent Infringement

If you are a patent infringement defendant, it is an unfortunate fact that, under current U.S. patent law, the bad news of a jury verdict against you.. Read More

The 4th Circuit Authorizes a Heads I Win, Tails You Lose Attorneys' Fee Award in Certain Trademark Appeals

The Fourth Circuit Court of Appeals' recent ruling on attorneys fees in Shammas v. Focarino, No. 14-1191 (April 23, 2015), will, unless overturned by.. Read More

An Octane Boost for Attorneys Fees Awards in Patent Cases

The "exceptional" patent case just became more common.  On April 29, in Octane Fitness v. Icon Health & Fitness, No. 12-1184, and Highmark v. Allcare.. Read More

Sciele Pharma: Making Old Art More Valuable in Patent Cases

In Sciele Pharma Inc. v. Andrx Corp., the Federal Circuit added some needed clarity to the concept of the "presumption of validity" in patent law,.. Read More

3M v. Avery Dennison (CAFC 2012): Avoiding a Declaratory Judgment Action for Non-Infringement

If you own a patent and become aware that it is being infringed, what are your options?  Usually three: 1) sue; 2) don't sue and ignore the.. Read More