Lewis R Clayton

July 13, 2015 | National Law Journal

En banc ruling in "Innocence of Muslims" case doesn't bode well for individual actors' claims.

By Lewis R. Clayton

5 minute read

July 13, 2015 | National Law Journal

En banc ruling in "Innocence of Muslims" case doesn't bode well for individual actors' claims.

By Lewis R. Clayton

5 minute read

July 08, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's rejection of a good-faith belief in the invalidity of a patent as a defense to induced infringement and its reaffirmation of a longstanding but widely discredited rule against post-patent-expiration royalties, along with recent Second and Ninth Circuit decisions.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

July 08, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's rejection of a good-faith belief in the invalidity of a patent as a defense to induced infringement and its reaffirmation of a longstanding but widely discredited rule against post-patent-expiration royalties, along with recent Second and Ninth Circuit decisions.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

May 12, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's recent decision on when a Trademark Trial and Appeal Board decision regarding likelihood of confusion can have issue-preclusive effect in an infringement lawsuit, along with appellate decisions regarding reasonable royalty rates and the "entire market value" rule in generic-pharmaceutical cases, application of the new test for patent indefiniteness, and more.

By Lewis R. Clayton and Eric Alan Stone

11 minute read

May 11, 2015 | New York Law Journal

In their Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone review the U.S. Supreme Court's recent decision on when a Trademark Trial and Appeal Board decision regarding likelihood of confusion can have issue-preclusive effect in an infringement lawsuit, along with appellate decisions regarding reasonable royalty rates and the "entire market value" rule in generic-pharmaceutical cases, application of the new test for patent indefiniteness, and more.

By Lewis R. Clayton and Eric Alan Stone

11 minute read

March 30, 2015 | National Law Journal

U.S. Supreme Court has determined that some patent law appeals aren't so special after all.

By Lewis R. Clayton

5 minute read

March 29, 2015 | National Law Journal

U.S. Supreme Court has determined that some patent law appeals aren't so special after all.

By Lewis R. Clayton

5 minute read

March 09, 2015 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In the past two months, the Supreme Court handed down a significant patent-law decision establishing the standard of appellate review for claim-construction decisions, and resolved a circuit split by holding that a jury, not the court, should decide whether modifications to a trademark change the commercial impression of the mark.

By Lewis R. Clayton and Eric Alan Stone

12 minute read

March 08, 2015 | New York Law Journal

In his Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In the past two months, the Supreme Court handed down a significant patent-law decision establishing the standard of appellate review for claim-construction decisions, and resolved a circuit split by holding that a jury, not the court, should decide whether modifications to a trademark change the commercial impression of the mark.

By Lewis R. Clayton and Eric Alan Stone

12 minute read