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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


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
October 21, 2013
Newest ITC Commissioner sworn in
October 17, 2013
Final determination in Laminated Packaging
October 16, 2013
Federal courts continue to operate during government shutdown
October 15, 2013
Judge Sandra (Dee) Lord joins the ITC
October 14, 2013
Supreme Court grants Certiorari in copyright case Petrella v. Metro-Goldwyn-Mayer, Inc.
October 3, 2013
Supreme Court to evaluate appellate standards for fee-shifting in patent cases
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