July 15, 2013
Fitch Even partner Alison Aubry Richards was quoted in the 2013 Patent Litigation Survey recently released by PricewaterhouseCoopers (PwC). This report provides statistics and analysis of key findings relating to patent litigation in 2012, including the impact of the America Invents Act, the influence of nonpracticing entities, and the increasing number of patents granted and patent lawsuits filed.
In the report, Alison comments on the potential impact of recent Federal Circuit decisions on damages: “With respect to damages, the Federal Circuit’s recent decisions require district court judges to take an increasingly active decision-making role in determining whether a party’s damages claim satisfies extensive requirements. These Federal Circuit decisions encourage parties to file increasing numbers of damages-related motions, hoping for an outcome determinative decision. A district court’s reputation as to how it handles damages decisions will be a prime consideration in choosing a litigation forum and strategy.”The survey can be accessed in its entirety on the PwC website here.
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On June 21, in Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., a reshuffled Federal Circuit panel reversed course on rehearing to find that a negative claim limitation was not supported by silence in the patent's specification. Read more
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