Lewis R Clayton

June 21, 2004 | New York Law Journal

Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison and co-chair of the firm's intellectual property litigation group, writes that a recent, en banc ruling by the Federal Circuit is a rare instance of broad agreement on an issue that may significantly affect patent prosecution practice.

By Lewis R. Clayton

10 minute read

May 10, 2010 | National Law Journal

The Federal Circuit in 'Ariad' reaffirms that this requirement under the Patent Act is separate from enablement.

By Lewis R. Clayton

8 minute read

September 08, 2010 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, discusses recent decisions of interest, including two holdings that illustrate the reach of the rule that a defendant sued by the holder of a registered trademark, even one that has become incontestable, may defend on the ground that the mark is functional, and the rule's application to aesthetic features.

By Lewis R. Clayton

12 minute read

July 13, 2011 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that, invoking the unfair competition doctrine of "hot news" misappropriation, a group of large financial firms obtained a district court injunction last year against Theflyonthewall.com, a website that featured unauthorized announcements of the firms' nonpublic trading recommendations.

By Lewis R. Clayton

14 minute read

February 24, 2005 | New York Law Journal

Lewis R. Clayton, a partner with Paul, Weiss, Rifkind, Wharton & Garrison, writs that in a typical year, the U.S. Patent Office issues over 150,000 patents. Some will prove to be pioneering inventions and others merely small improvements. Some will have little or no economic value. How many of them will confer upon their owners "market power" within the meaning of the antitrust laws � meaning the ability to control price and exclude competition?

By Lewis R. Clayton

11 minute read

August 17, 2007 | Law.com

Last January, in MedImmune Inc. v. Genentech Inc., the U.S. Supreme Court overturned settled Federal Circuit precedent by holding that a patent licensee in good standing may sue for a declaratory judgment that the licensed patent is invalid, unenforceable or not infringed. Attorney Lewis R. Clayton discusses the sea change that the ruling has already produced in Federal Circuit declaratory judgment law, making it far easier for companies threatened with infringement actions to go to court.

By Lewis R. Clayton

9 minute read

August 30, 2006 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent decisions of interest, including two upholding the Eleventh Amendment's bar on federal court litigation against states for violations of federal intellectual property rights, and another ruling that a distict court had abused its discretion by allowing expert testimony on similarity of expression.

By Lewis R. Clayton

11 minute read

June 14, 2007 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes that recent intellectual property headlines have been dominated by a pair of opinions in which the Supreme Court overruled Federal Circuit interpretations of patent law. Like ongoing legislative efforts to reform the Patent Act, these decisions appear to reflect an underlying view that the patent system stifles innovation and competition by issuing and enforcing too many weak patents.

By Lewis R. Clayton

12 minute read

January 14, 2009 | New York Law Journal

Lewis R. Clayton, a partner at Paul, Weiss, Rifkind, Wharton & Garrison, writes: By some accounts, the nation's patent litigation capital is Marshall, Texas, a small town not far from the Louisiana border that is home to one of the courthouses of the U.S. District Court for the Eastern District of Texas. However, that court's patent docket may shrink substantially because of two recent U.S. Court of Appeals opinions, one by the Fifth Circuit, and another by the Federal Circuit.

By Lewis R. Clayton

11 minute read

September 03, 2009 | New York Law Journal

Lewis R. Clayton, a litigation partner at Paul, Weiss, Rifkind, Wharton & Garrison, reviews recent cases involving the amount of royalties an "individualized internet radio station" must pay to the owners of copyrights in sound recordings, the pleading standard for inequitable conduct claims in patent infringement complaints, whether the removal of the UPC from the packaging of trademarked goods may constitute trademark infringement, when a court may direct the recall of infringing products, and more.

By Lewis R. Clayton

11 minute read