The personal jurisdiction effect of notifications of infringement

Article Abstract:

Owners of intellectual property rights should avoid making contacts with the state of the infringer to avoid being subject to personal jurisdiction in a remote forum, but a few infringement warning letters are not likely to establish the minimum contacts necessary. If the infringement has only occurred in the remote forum, the infringement case may have to be tried there because the injury was there. If the intellectual property holder's state may have jurisdiction, warning letters should be limited and should not be accompanied by addition actions in the remote jurisdiction.

Courts, Jurisdiction, Cases, Intellectual property, Personal jurisdiction

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Overview and statistical study of the law on patent damages

Article Abstract:

Statistical analysis of damages awarded in 152 patent cases over the past decade reveals that the calculation of awards has changed although the amounts have not increased considerably. Only 25 cases had triple damages, while 23 cases had double damages and 18 other cases had some increases. The analysis reveals some factors which might be considered when pursuing suits in the areas of lost profits, reasonable royalties, interest rates and price erosion.

Analysis, Damages, Damages (Law)

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Notifications of infringement and their consequences

Article Abstract:

Notifications of infringement can give rise to various causes of action, including declaratory judgment, unfair competition and interference with contract. The injured party may also be able to get attorney's fees under 35 USC 285. A checklist for drafting a notice of infringement which will minimize the risk of liability is included.

Judgments, Declaratory, Declaratory judgments

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