Sarah J. Fischer

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Sarah J. Fischer focuses her practice on intellectual property patent litigation and patent licensing disputes, particularly for life-science, pharmaceutical and high-tech clients, in district court and before the PTAB, on behalf of both patent holders and defendants/petitioners. She handles all facets of pretrial discovery, case management and trial preparations. Sarah also counsels clients on due diligence, pre-suit matters and claim drafting strategies. Read Sarah Fischer's full bio.

Veil Piercing Under Lanham Act Requires Specific Showing of Liability


By on Aug 18, 2022
Posted In Trademarks

The US Court of Appeals for the Eleventh Circuit reversed a district court decision granting summary judgment of liability under the Langham Act, finding that the plaintiffs failed to apply the correct standards for piercing the corporate veil and individual liability in a false advertising and false endorsement dispute. Edmondson et al. v. Velvet Lifestyles,...

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Expert Testimony Excluded Based on Inadmissible Evidence


By on Jul 14, 2022
Posted In Patents

Circuit Judge Bryson, sitting by designation in the US District Court for the District of Delaware, excluded a plaintiff’s damages expert opinion because the evidence relied upon by the expert was unreliable and therefore inadmissible, but permitted the plaintiff to serve short addendum opinions. IOENGINE, LLC v. PayPal Holdings, Inc., C.A. No. 18-452-WCB (D. Del....

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Re-Poster Child for § 230: Immunity under the CDA for Reposting Content of Another


By on Mar 31, 2022
Posted In Copyrights

The US Court of Appeals for the First Circuit affirmed a district court’s decision to dismiss claims for defamation under the Communications Decency Act (CDA), 47 USC § 230, and for copyright infringement under the fair use doctrine. Monsarrat v. Newman, Case No. 21-1146 (Kayatta, Lipez, Gelpí, JJ.). The parties’ dispute arose from a series...

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Federal Circuit Won’t Rescue Parachute Patent


By on Mar 24, 2022
Posted In Patents

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) decision that claims to a ballistic parachute were obvious over the prior art based on knowledge attributable to artisans and denying the patentee’s motion to substitute proposed amended claims, finding that they lacked written description. Fleming v. Cirrus...

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