Patent Disputes

Attorney David Donoghue discusses the key trends and developments shaping patent disputes in addition to the common causes of conflict in patent litigation.

"The Supreme Court has created the biggest patent trends over the last year. Without going into the specifics of the decisions, the Supreme Court seems to be rejecting the notion that the Federal Circuit may treat patent law as different than other tort law and requiring broad, factor based tests that give district court judges considerable discretion to come to just outcomes, over the Federal Circuit’s preferred bright line rules. Another way to categorise the Supreme Court’s shift is away from decisions that provide business certainty but sometimes unjust outcomes, to broad standards that delay certainty in exchange for improving justice," Mr. Donoghue said.

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