We are fortunate to advise world-class, industry-leading companies, helping them tackle novel, complex issues and push the boundaries of technological progress. Our ability and confidence to go to trial is our core strength; our deep bench of experienced trial lawyers represents companies in their most significant matters, helping them protect their intellectual property and launch products. Our lawyers pair extensive experience in the courtroom and the boardroom with a thorough understanding of science and technology.
Intellectual Property Litigation: Fifty Percent Royalty Rate Affirmed Against Generic Manufacturer
May 13, 2015 read the article
Litigation partner Lew Clayton's Intellectual Property Litigation column appeared in the May 12 issue of the New York Law Journal. The article, "Fifty Percent Royalty Rate Affirmed Against Generic Manufacturer," discusses the U.S. Supreme Court's recent decision on when a Trademark Trial and Appeal Board finding of likelihood of confusion can have issue-preclusive effects in an infringement lawsuit. Also addressed are 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.