Laura W Smalley

October 13, 2022 | New Jersey Law Journal

'American Axle' could give rise to arguments that claims to processes of manufacturing chemical or biological compositions are not patent-eligible subject matter because they inherently require the use of natural laws or, if a mathematical equation explains the reaction, an abstract idea.

By Laura W. Smalley 

8 minute read

August 16, 2022 | New York Law Journal

A discussion of the aftermath of the Supreme Court's denial of certiorari in 'American Axle & Manufacturing v. Neapco Holdings,' which lets stand a controversial decision of the U.S. Court of Appeals for the Federal Circuit concerning the law of patent eligibility.

By Laura W. Smalley and Brian D. Ginsberg

8 minute read

May 21, 2007 | New York Law Journal

Laura W. Smalley, a member of Harris Beach, writes that the most common method used to calculate damages for patent infringement is a "reasonable royalty." A reasonable royalty is not an actual royalty or lost profits, but is a fictional device based on a hypothetical negotiation between the licensor and the licensee. The royalty is the amount that the parties would have agreed upon at the time the infringement began if both had been negotiating a royalty reasonably and voluntarily.

By Laura W. Smalley

9 minute read