By Lewis R Clayton

By Lewis R Clayton

September 14, 2017 | New York Law Journal

Should Patent Holder's Misconduct Be Relevant to Inequitable Conduct?

Lewis R. Clayton and Eric Alan Stone report on the "Regeneron Pharmaceuticals v. Merus" case and other cases addressing whether litigation misconduct (as opposed to misconduct during prosecution) can render a patent unenforceable, and they provide guidance for practitioners.

By By Lewis R. Clayton and Eric Alan Stone

7 minute read

September 14, 2016 | New York Law Journal

Willful Infringement, Damages and Attorney Fees in Patent Cases

Lewis R. Clayton and Eric Alan Stone discuss two recent Supreme Court cases addressing enhanced damages in patent cases, one addressing the award of attorney fees in "exceptional cases" under 35 U.S.C. §285, and another addressing up-to-treble enhanced damages under the so-called "willfulness" provision, 35 U.S.C. §284.

By By Lewis R. Clayton and Eric Alan Stone

13 minute read

May 21, 2012 | Corporate Counsel

Trademark Owners Gain Leverage in Keyword Ad Wars

Court in 'Rosetta Stone' relied on studies showing that even savvy Web users are confused by Google's sponsored links.

By By Lewis R. Clayton

6 minute read