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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


February 6, 2014
Play nice, or else: Congress considers Federal Trade Secret Law covering foreign entities and actions
February 4, 2014
The Innovation Act of 2012 – A preliminary assessment
January 30, 2014
In a contempt proceeding for violating a permanent injunction, a district court may be required to resolve new claim construction disputes that the enjoined party failed to raise in the underlying infringement action
January 29, 2014
Patentee bears the burden of proving infringement in a declaratory judgment action even when a license agreement between the parties forecloses the patentee from asserting an infringement counterclaim
January 27, 2014
Applicant’s failure to clearly reference intermediate applications breaks chain of priority under 35 U.S.C. § 120
January 15, 2014
180-Day Statute of Limitations Under 35 U.S.C. § 154(b)(3) & (4) Applies to Final Patent Term Adjustment Determinations, Although Time Between Allowance and Issuance Should Not Be Excluded
January 14, 2014
Hardware lacking enabling software does not infringe an apparatus claim requiring a hardware-software combination
January 13, 2014
Fed. Cir. adopts more flexible standards for awarding attorneys’ fees
January 10, 2014
Supreme Court to decide whether FDA Food and Beverage Labeling Rules preempt false advertising claims
January 10, 2014
Prosecution History Estoppel Applies to Design Patents, But the Accused Design Was Not Surrendered
January 6, 2014
FDCA does not preempt California unfair competition law; nationwide injunction based solely on state law inappropriate
January 3, 2014
Timing of PTO disclosures – a trap for the unwary
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