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Fish Litigation Blog

Our IP attorneys share information on nationwide litigation developments and trends.

Fish Litigation Blog

Fish Litigation Blog

The depth and breadth of Fish’s litigation practice is constantly expanding to fit the needs of our clients and the realities of the economic, business, and technological challenges they face. Our litigation blog reflects the full expanse of our litigation practice. Among other things, we discuss: developments in patent and trademark litigation, intricacies associated with ITC proceeding, Federal Circuit and Supreme Court decisions, the rapidly evolving life sciences industry, the Delaware Court of Chancery, and other important issues


April 29, 2014
Limelight v. Akamai: A software case worthy of biotech’s attention
April 27, 2014
Unexpected results cannot rebut showing that treatment was obvious to try
April 26, 2014
Damages expert evidence based on reliable methods is improperly excluded; no per se rule precluding injunctions for SEPs
April 25, 2014
No “magic words” required under section 1292; later-discovered benefits can support nonobviousness of drug combination; intention to convey patent exclusivity supports standing
April 24, 2014
Market realities must be considered when assessing irreparable harm for a preliminary injunction
April 23, 2014
Defending decompilation: using Copyright Act preemption to defeat reverse engineering claims in the Fifth Circuit
April 23, 2014
Evidentiary shortfall undermines antitrust market definition
April 22, 2014
Proposed revised FRCP 37(e) seeks to clarify and standardize handling of ESI spoliation
April 18, 2014
So You Think That Your Arbitration Is Confidential . . . . Better Think Again
April 11, 2014
Allegation against non-indemnified customer raises declaratory judgment claim by supplier only if based on the supplier’s documents
April 7, 2014
District court does not need to verbalize claimed design in design patent if its reasoning is apparent
April 4, 2014
Abuse of discretion to deny transfer where some factors favor transfer and none weigh against it
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