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Use of Infringing Product, Misappropriated Trade Secrets May Continue—for a Licensing Fee


By on Sep 3, 2020
Posted In Copyrights

The US Court of Appeals for the Sixth Circuit affirmed a district court’s stay of a permanent injunction against copyright infringement and trade secret misappropriation, permitting the infringer to continue use of an infringing product and misappropriated trade secrets but requiring the infringer to pay a licensing fee. ECIMOS, LLC v. Carrier Corp., Case Nos....

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“All Substantial Rights” Test Informative in Obviousness-Type Double Patenting Context


By on Jul 15, 2020
Posted In Patents

The US Court of Appeals for the Federal Circuit endorsed for the first time the “all substantial rights” test to determine whether inventions are commonly owned for purposes of obviousness-type double patenting validity analysis of a later patent. Immunex Corp. v. Sandoz, Inc., Case No. 20-1037 (Fed. Cir. July 1, 2020) (O’Malley, J.) (Reyna, J.,...

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