CLE

Damages in patent infringement cases are nearly always hotly contested, in part because the underlying case law involving lost profits and reasonable royalties can be confusing and sometimes seemingly contradictory. Parties routinely engage in motion practice resulting in the exclusion of damages opinions, potentially derailing a case. Thus, it is imperative for both litigants and counsel to stay abreast of the latest trends and developments in patent damages to sidestep potential pitfalls.

Corporate bankruptcy filings in the United States have surged in 2023, with over 230 companies seeking Chapter 11 protection, the highest number since 2010. This increase is due to economic difficulties, including a sluggish economy, increasing interest rates, and ongoing inflation.

Lawyers often face high-stress situations due to heavy workloads, strict deadlines, and the responsibility of representing clients. The immense pressure to achieve positive outcomes can become overwhelming which may result in emotional exhaustion, anxiety, and burnout. Consequently, lawyers may turn to substance abuse as a temporary coping mechanism to alleviate stress, seek refuge from work-related pressures, or address emotional distress and underlying mental health issues.

In today’s competitive business landscape, companies have become more aggressive in guarding their patented inventions.  As new court rulings emerge and the U.S. Patent and Trademark Office (PTO) continues to enforce stringent rules and regulations on patent damages, calculating reasonable royalties and lost profits have become more complex. Proving and recovering damages in court requires a rigorous understanding of the intricacies involved in patent infringement actions and developing a strategic approach to boost the chances of success becomes paramount.

The pharmaceutical labeling carve-out regulations remain a source of complexity in several cases. The Hatch-Waxman Act created a way for the Food and Drug Administration (FDA) to approve generic drugs even if they omit information about protected use to encourage competition among generic products. However, following the Teva v. GSK ruling, businesses must exercise caution and recognize the intricate relationship between Orange Book listed use patents, reference listed drug’s prescribing information, and promotional labeling and other related activities.

The primary cause of the escalation of financial hardship among healthcare institutions can be attributed to the "COVID hangover" which resulted in a surge of labor and supply expenses due to nursing shortage and persisting supply chain complications. Consequently, numerous hospitals are contemplating bankruptcy as a plausible alternative for restructuring their operations.

In the ever-changing field of artificial intelligence (AI), innovation serves as the foundation for progress. The act of patenting AI inventions goes beyond a mere legal procedure; it is a strategic step that safeguards your intellectual property, opens doors to commercial success, and advances technology. However, the journey to patent AI technology is far from straightforward, with a landscape filled with nuances, complexities, and unique challenges.

Disputes and claims have continuously increased along with the evolving landscape of construction industry. As the sector navigates the complex post-pandemic era, a new set of conflicts is anticipated to take shape. Companies that are best prepared for potential changes and delays are likely to be in a favorable position to mitigate the risk of costly litigation.