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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


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
January 2, 2014
Federal Ciruit clarifies claim scope, obviousness, and objective indicia inquiries on reexam
December 31, 2013
Hatch-Waxman at the Federal Circuit: Sustaining validity of formulation patents is no easy task
December 19, 2013
The inference of a possibility does not rise to the level of clear and convincing evidence to demonstrate inherency
December 16, 2013
ITC cannot address inducement where the underlying direct infringement occurs post-importation
December 16, 2013
Federal Circuit decides which electronic document production costs are taxable “costs of making copies”
December 13, 2013
Patent claiming one concentration within a range disclosed in the prior art is obvious where there is no teaching away, unexpected results, or commercial success.
December 11, 2013
Hatch-Waxman developments: Artificial infringement by artificial drugs
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