In this article published in December 2014/January 2015 issue of the NYIPLA Bulletin, John Plumpe and Kimberly Schenk describe profit apportionment in three common types of IP litigation – those involving trademarks and trade dress, copyrights, and utility patents. The authors then discuss the availability of infringer’s profits as a form of recovery in design patent litigation. To read the article, click the link below.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...