Thomas P Gushue
April 28, 2021 | The Legal Intelligencer
Using Opinions of Counsel as a Budgeting Tool in World of IPWhile each of these opinions will necessarily require upfront costs, the information they provide often yields tangible cost savings resulting from a more focused research and development effort.
By Thomas P. Gushue
7 minute read
February 27, 2018 | The Legal Intelligencer
Copyrights—An Overlooked IP Protection That Shouldn't Be IgnoredCopyright protection is an often overlooked component of an intellectual property portfolio. However, it is important to consider pursuing copyright protection in order to provide a more robust intellectual property portfolio.
By Anthony S. Volpe and Thomas P. Gushue
8 minute read
November 04, 2015 | The Legal Intelligencer
Anticipating Justices' View on Trebled Patent Infringement DamagesThe U.S. Supreme Court agreed to hear two cases, Halo Electronics v. Pulse Electronics, 769 F.3d 1371 (Fed. Cir. 2014), and Stryker v. Zimmer, 782 F.3d 649 (Fed. Cir. 2015), dealing directly with trebling damages in patent infringement cases. The patent statute, Title 35, governs treble damages at Section 284, and states: "The court may increase the damages up to three times the amount found or assessed." This statutory provision is very similar to the provision governing attorney fees, Section 285, which states: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." Because the two statutory provisions have similar language, many in the patent litigation world are reading the tea leaves and trying to anticipate the court's decisions in Halo and Striker. The interesting parallels in the cases have Supreme Court pundits on both sides making predictions.
By Anthony S. Volpe and Thomas P. Gushue
8 minute read
November 03, 2015 | The Legal Intelligencer
Anticipating Justices' View on Trebled Patent Infringement DamagesThe U.S. Supreme Court agreed to hear two cases, Halo Electronics v. Pulse Electronics, 769 F.3d 1371 (Fed. Cir. 2014), and Stryker v. Zimmer, 782 F.3d 649 (Fed. Cir. 2015), dealing directly with trebling damages in patent infringement cases. The patent statute, Title 35, governs treble damages at Section 284, and states: "The court may increase the damages up to three times the amount found or assessed." This statutory provision is very similar to the provision governing attorney fees, Section 285, which states: "The court in exceptional cases may award reasonable attorney fees to the prevailing party." Because the two statutory provisions have similar language, many in the patent litigation world are reading the tea leaves and trying to anticipate the court's decisions in Halo and Striker. The interesting parallels in the cases have Supreme Court pundits on both sides making predictions.
By Anthony S. Volpe and Thomas P. Gushue
8 minute read
