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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


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
December 9, 2013
Federal Circuit invokes first-to-file rule in affirming dismissal of third party beneficiary and alter ego claims
December 4, 2013
Causal Nexus Required for Permanent Injunction, But Infringement Need Not Be The Sole Cause Of Injury
November 22, 2013
Update on pleading standards in Hatch-Waxman cases
Authors: Betsy Flanagan, Robert M. Oakes
November 22, 2013
Collateral estoppel applies to non-identical claim if difference does not materially alter invalidity; summary judgment of no inequitable conduct inappropriate
November 15, 2013
Federal District Court of New York Holds Google Books Project Is Fair Use
November 12, 2013
Fresenius USA, Inc. v. Baxter Int’l, Inc.
November 11, 2013
Supreme Court hears oral argument in Medtronic Inc. v. Boston Scientific Corp. to determine if Plaintiff has the burden of proving non-infringement in declaratory judgment actions
November 8, 2013
Fed. Cir. confirms that conception of a DNA sequence occurs when one isolates it and appreciates that it has the desired properties
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