Federal Circuit

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  IP: Discoverability of settlement negotiations

  By Marla Butler  |  May 15, 2012

  Settlement negotiations no longer off-limits after the Federal Circuit resolves district courts’ split

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  IP: Supreme Court may make patent litigation less expensive

  By Marla Butler  |  May 1, 2012

  Claim construction is often considered the most critical phase of patent litigation before trial.

• E-discovery: Popular patent venue in Texas adopts model order to rein in e-discovery costs

  By Rob McFarlane, Russell Petersen  |  April 13, 2012

  Parties involved in complex litigation face increasing e-discovery costs in almost every case. These costs are particularly acute in patent actions.

• Technology: Defining licensor and licensee rights to pursue infringers

  By Mark Malven  |  February 17, 2012

  Both standing and control are critical when bringing suit

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  Incorporation in Delaware is insufficient to create proper venue

  By Alex Vorro  |  February 1, 2012

  A recent Federal Circuit ruling has created some leeway for companies looking to challenge the choice of venue in patent cases.

• IP: You can’t always sue Delaware-incorporated companies in Delaware

  By Cullen Pendleton  |  December 27, 2011

  Plaintiffs should analyze factors relating to both personal jurisdiction and venue prior to selecting a forum in which to bring suit.

• E-Discovery: 5 custodians and 5 search terms

  By Warren Webster, Rob McFarlane  |  December 1, 2011

  Hundreds of search terms. Dozens of employees, considered key "custodians," producing thousands of emails on a multitude of topics. Requests for electronically stored information (ESI) driving case strategy. E-discovery costs amounting to tens or hundreds of thousands of dollars.

• Model order casts a net over patent e-discovery fishing expeditions

  By Michael Kozubek  |  December 1, 2011

  Federal Circuit's model order recommends significant new e-discovery limits in patent cases.

• IP: A reasonable royalty for patent infringement

  By Eric Lobenfeld  |  October 25, 2011

  Responding to increasingly large damages awards based on expert advice grounded more in speculation than fact, the Federal Circuit finally rejected the so-called “25 percent rule,” a rule of thumb used in calculating a reasonable royalty.

• IP: Standing up to scrutiny

  By Giulio DeConti, Brian Trinque  |  September 29, 2011

  Federal Circuit decisions show 2nd gen. drug patents can withstand allegations of non-obviousness.