Supreme Court Makes it Easier to Penalize Misbehaved Patent Litigants

Yesterday, the Supreme Court invited district courts to use more discretion in awarding attorney fees in “exceptional” patent cases. This 9-0 decision delivered by Justice Sotomayor in a case involving elliptical machines will help judges penalize misbehaving patent litigants.The law governing exceptional patent infringement cases reads in total: The court in exceptional cases may award reasonable attorney fees to…

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Comparing Common Law Vs. Federally-Registered Trademarks

An Article in Schott, P.C.’s IP Law For Start-ups Series Do you have a business name? Are you using it in commerce? Or do you have a distinctive name for a product that you’re selling? Guess what: You may already have trademark rights. Even without filing an application with the US Patent and Trademark Office or…

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Start-Up’s Primer On International Patent Protection

An Article in Schott, P.C.’s IP Law For Start-ups SeriesBy Stephen B. Schott sbsc The innovative start-up looking to protect its market and increase its value will often file for patent protection. But when making the decision to seek patent protection, it will quickly face a second question: Should the start-up file for international patent protection?There are a few things…

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