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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 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
November 7, 2013
Exhaustion applied to patented method where the patentee gave away the “inventive” component used to perform the method for free
November 7, 2013
Prosecution history estoppel applied where an amendment, though perhaps not necessary to overcome prior art, was not tangential and the equivalent was foreseeable
November 5, 2013
EDTX imposes early, tight limits on asserted patent claims and combinations of prior art references
November 4, 2013
Federal Circuit confines the infringement analysis in generic drug cases to the product as described in the defendant’s FDA application
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