The advice of counsel defense to increased patent damages

Article Abstract:

Section 284 of the Patent Code allows trial courts to raise damages as high as triple the assessed damage, and the common defense against this is to claim advice of counsel. However, such a defense requires competent opinions from counsel, timeliness and reasonable adherence in good faith. Guidelines for competent advice include qualifications such as an independent patent lawyer, preferably a written opinion and an adequate investigation.

Analysis, Actions and defenses, Litigation

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The patent law of (bio) chemical precursor/intermediate compounds

Article Abstract:

Patent cases vary for precursor and intermediate biochemical compounds, and so such compounds should have nonintermediate uses specified in patent applications. In re Breslow mistakenly held intermediates patentable while In re Gyurik gave more latitude even though it also gave a patent. Research and invention may be stifled if intermediate compounds are given too much patentability.

Intellectual property, Organic compounds, Inorganic compounds

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Obtaining a Japanese patent via the PCT

Article Abstract:

The author discusses the benefits of using the Patent Cooperation Treaty to obtain a Japanese patent. Alternative strategies for reducing the costs of obtaining Japanese patents are also discussed.

Japan, International

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