Lewis R Clayton

June 12, 2008 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that a unanimous Supreme Court warmly endorsed the exhaustion doctrine in an action brought against one of the world's largest manufacturers of notebook computers, the latest in a series of high-profile Supreme Court reversals of U.S. Court of Appeals for the Federal Circuit decisions that favored patent holders.

By Lewis R. Clayton

12 minute read

April 03, 2003 | New York Law Journal

By Lewis R. Clayton

9 minute read

May 11, 2011 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton of Paul, Weiss, Rifkind, Wharton & Garrison discusses recent decisions of interest, including the Federal Circuit's clarification of the standards for a finding of contempt when a defendant sends a modified product to market after the original product led to a finding of patent infringement.

By Lewis R. Clayton

12 minute read

February 15, 2006 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent cases of interest including one from the Federal Circuit that may support those who argue that inequitable conduct issues--where the patent applicant has not disclosed all information "material" to patentability--should be taken from the courts and instead decided at the Patent Office.

By Lewis R. Clayton

11 minute read

November 06, 2009 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes: "Amid all the talk of health care reform, there is another potential reform movement taking shape in Washington?reform of the patent laws. When the U.S. Court of Appeals for the Federal Circuit was established over 25 years ago, there was a sense that federal courts were not affording sufficient respect for patent rights. Now, after years of criticism from academics, practitioners, courts and some federal agencies, many commentators believe the patent system has become too protective and too litigious."

By Lewis R. Clayton

12 minute read

October 14, 2005 | Law.com

When will the federal trademark law, the Lanham Act, extend to extraterritorial conduct by foreign defendants? After a searching review of the case law, the 1st Circuit announced a new test to decide the issue, focusing solely on whether the extraterritorial conduct of foreign nationals would have a "substantial effect" on U.S. commerce. The ruling may have important implications for holders of well-known U.S. trademarks that may be imitated abroad.

By Lewis R. Clayton

8 minute read

November 30, 2006 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that every sophisticated electronic or mechanical device includes hundreds of interacting hardware and software components. The interoperability of these parts depends upon a system of industry standards. The process by which competitors establish such standards raises significant antitrust issues, particularly where a standard mandates the use of intellectual property owned by a participant in the standard setting process.

By Lewis R. Clayton

12 minute read

April 12, 2006 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, analyzes recent rulings of interest, including one which emphasizes one of the doctrines the Federal Circuit has developed to limit the otherwise broad reach of the doctrine of equivalents, and another in the Southern District which held that accrual, for the purposes of a civil copyright infringement claim, occurs at the time of injury.

By Lewis R. Clayton

11 minute read

April 08, 2004 | Law.com

In a case that pits university researchers against a major drug company, the Federal Circuit has affirmed dismissal of the University of Rochester's patent infringement suit against Pfizer Inc. over Pfizer's blockbuster arthritis drug Celebrex. In this significant decision for the biotech industry, the Federal Circuit panel strongly reaffirmed the court's commitment to enforcing the "written description" requirement of � 112 of the Patent Act.

By Lewis R. Clayton

9 minute read

July 08, 2005 | Law.com

Under the doctrine of "merger," where an idea and its expression are inseparable, copyright protection will yield to the principle that ideas may not be monopolized. But where does the idea stop and the expression begin? In two recent decisions, circuit courts denied copyright protection, finding that "idea" merged with "expression." These cases illustrate inherent tensions among basic principles of copyright law.

By Lewis R. Clayton

9 minute read