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David Brzozowski

Posts by David Brzozowski

U.S. Supreme Court adopts “registration approach” for copyright infringement actions

The U.S. Supreme Court has announced in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC that copyright owners must wait for the Copyright Office to formally grant, or refuse to grant, a copyright registration before filing an infringement lawsuit. This decision settles a longstanding circuit split over when copyright owners can bring suit, with some

District Court Extends Patent Damages to Include Foreign Lost Profits in Direct Infringement Cases

On October 4, 2018, Federal District Court Judge Leonard P. Stark issued an order in Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al. allowing a plaintiff to recover foreign lost profits for direct patent infringement under 35 U.S.C. § 271(a). The order extends the U.S. Supreme Court’s June 2018 holding in WesternGeco LLC

Phillips claim construction standard used by U.S. Courts to now apply to PTAB proceedings

The United States Patent and Trademark Office (“USPTO”) has published its new Final Rule on the standard of review used in construing challenged patent claims in the Patent Trial and Appeal Board (“PTAB”).  Currently, the PTAB relies on the “broadest reasonable interpretation” (“BRI”) standard in construing challenged patent claims.  However, the new rule directs the