Header graphic for print
LimeGreenIP News

Tag Archives: damages

Lightning fast IP reform in China: Trademark Law and Anti-Unfair Competition Law amended

On 23 April 2019, both China’s Trademark Law (“TML“) and its Anti-Unfair Competition Law (“AUCL“) were amended.  The amendments to the TML are aimed at curbing bad faith trademarks and increasing damages for infringement, while the changes to the AUCL are aimed at improving the protection for trade secrets. The changes to the TML will

China issues its fourth draft patent law, after over three years of deliberation

On 4 January 2019, China’s National People’s Congress (NPC) released draft amendments to the Chinese patent law for public comments (English translation available upon request), proposing, among other issues; higher damages for patent infringement, more options for rewarding inventors under an employee invention remuneration scheme, and patent term extensions for design patents and pharmaceutical patents.

Pharma companies may benefit from proposed patent law changes in China – Public comment invited

On January 4, China’s National People’s Congress (NPC) released draft amendments to the Chinese Patent Law, proposing expanded and enhanced protections that may provide real benefits to companies that develop new drugs.  A potentially important condition to one of the key proposed changes specific to new drugs is that it would be available only for

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

A sneak peek at China’s long-awaited new draft Patent Law

On 5 December 2018, the latest draft of the Chinese Patent Law was presented to China’s State Council (i.e. the executive body of China’s central government) during a meeting chaired by Premier Li Keqiang (see here for a summary, in Chinese). New developments about the draft have certainly been long-awaited, with the latest and highly

U.S. + Germany Patent Update – November 2018 (English, 日本語 & 한국어)

IN THIS ISSUE  PTAB Denies Institution as Duplicative Due to Earlier IPR Challenge by Different Petitioner – Shenzhen Silver Star Intelligent Tech. v. iRobot Corp. (5 September 2018) German Federal Patent Court on Filing Auxiliary Requests With Narrower Claims in Patent Nullity Proceedings – “Satellite Based Paging System with Location Transmission,” Federal Patent Court of

When 3D-printing challenges IP rights

3D-printing changes the way we develop products: an idea can be transformed into a tangible product faster than ever and it is not even expensive anymore! But what is 3D-printing? Simply put, it is a machine that builds an object out of base materials by successively stacking thin layers of the material in accordance with

Join Us at the Annual Berkeley-Stanford Advanced Patent Law Institute

Partner, Chris Mammen will be speaking at the the Advanced Patent Law Institute in Palo Alto on Dec 6-7, 2018. The APLI offers a results-oriented, in-depth look at the latest developments in patent law and practice. Co-organized by BCLT and Stanford Law School, it presents an expert faculty of judges, academics, litigators, patent prosecutors, and senior IP counsel from major corporations. Chris

US Patent Litigation: Choosing the right expert and demonstration of expert testimony

As part of the Practising Law Institute’s (PLI) Patent Litigation 2018: Advanced Techniques & Best Practices program on November 14/15, Partner Eric Lobenfeld will be speaking on the following topic: Choosing the Right Expert and Demonstration of Expert Testimony Expert witnesses play a critical role in patent litigation with respect to both liability and damages issues.

Not so unitary after all? Cease & desist and damages claims law in EUTM infringements

The Higher Regional Court of Frankfurt recently ruled on the territorial scope of cease and desist claims and the law applicable to damages claims in a case where infringing acts occurred in several EU Member States (Higher Regional Court of Frankfurt, case ref. 6 U 4/15). Generally, the EU trademark regulation provides unitary protection of

A sigh of relief: Guangdong Higher People’s Court reduces record trademark damages award in its New Balance appeal judgment.

On 23 June 2016, the Guangdong Higher People’s Court handed down its long-awaited judgment in the New Balance/新百伦-case. In its judgment, the Court upheld the finding of trademark infringement by New Balance, but reduced the damages granted in first instance from RMB 98 million by nearly twenty-fold, to ‘only’ RMB 5 million (approximately USD 750,000).

China – The SPC irons out some wrinkles in its new judicial interpretation on patent disputes

The Supreme People’s Court (“SPC”) has recently issued a new judicial interpretation on patent disputes (“JI”). In this new JI, the SPC seeks to streamline its former JI with the Patent Law, and tweak some patent litigation rules. The SPC’s new JI – which came into effect on February 1, 2015 – replaces the former