Lewis R Clayton

January 30, 2014 | New Jersey Law Journal

Pending legislation to stem the tide of intellectual property lawsuits could make the problem worse.

By Lewis R. Clayton

4 minute read

January 16, 2014 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton discusses recent rulings that illustrate how much the landscape of injunctive relief in intellectual property cases has changed over the past seven years, a remand of a district court's denial of a fee award to a successful defendant, an opinion notable for its comments about consumer surveys in trademark cases, and more.

By Lewis R. Clayton

11 minute read

January 06, 2014 | National Law Journal

Pending legislation to stem the tide of intellectual property lawsuits could make the problem worse.

By Lewis R. Clayton

5 minute read

November 13, 2013 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent decisions involving the test for patent exhaustion, extraterritorial application of the Lanham Act, the proof required for criminal copyright infringement, and induced patent infringement.

By Lewis R. Clayton

12 minute read

December 19, 2005 | National Law Journal

Must a patentable invention claim an advance in a recognized field of technology or science? The BPAI�s rejection of an attempt by the PTO to impose such a requirement removes what would otherwise be a formidable obstacle to the issuance of many business-method patents.

By Lewis R. Clayton

8 minute read

November 02, 2009 | National Law Journal

Are damage awards in patent cases too large or too unpredictable? Echoes of this debate can be heard in the U.S. Court of Appeals for the Federal Circuit's recent decision in Lucent Tech. Inc. v. Gateway Inc.

By Lewis R. Clayton

7 minute read

January 30, 2002 | Law.com

Antitrust and intellectual property law have traditionally been antagonistic forces. While both aim to foster innovation and economic efficiency, antitrust attacks market power and IP rights often create it. Several recent cases outline the balance between the two doctrines, which some observers believe has been altered by the rapid expansion of IP rights over the last decade.

By Lewis R. Clayton

11 minute read

February 09, 2009 | National Law Journal

The proliferation of standard-setting organizations has generated significant benefits for consumers and manufacturers. But there are also opportunities for abuse. Once a standard is adopted, market participants may be at the mercy of patentees who claim that their patents read on devices that use the standard. Many SSOs thus require participants to disclose all relevant IP rights. Courts are still working out the scope of these disclosure duties and the remedies available when they are breached.

By Lewis R. Clayton

9 minute read

October 08, 2012 | National Law Journal

Federal Circuit found no justification for immunizing inducer when two or more commit the steps of a method patent.

By Lewis R. Clayton

8 minute read

May 09, 2013 | New York Law Journal

In his Intellectual Property Litigation column, Paul, Weiss, Rifkind, Wharton & Garrison partner Lewis R. Clayton reviews recent decisions of interest, including one where a Second Circuit panel recognized generous protection for creators of appropriation art under the copyright doctrine of fair use and another in which the Federal Circuit clarified the pleading standard for patent complaints.

By Lewis R. Clayton

12 minute read