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Articles by Chris Marchese
Brumfield and Its Wake: Extraterritorial Sales in Reasonable Royalty Damages | JD Supra
[Co-author: Celyn Jacobs] In 2024, the Federal Circuit set forth a standard for determining whether extraterritorial sales activity could be considered in a reasonable royalty award for patent infringement. Here, we summarize the court’s opinion in that case, Brumfield, Tr. for Ascent Tr. v. IBG LLC, 97 F.4th 854 (Fed. Cir. 2024), cert. denied sub nom., Brumfield Tr. for Ascent Tr. v. IBG LLC, 145 S. Ct. 1922 (2025).
Developing Issues in Patent Damages: Future Royalties | JD Supra
In this example, the trial occurs in 2025. The plaintiff has sales data from the defendant showing its sales trends leading up to the 2025 trial. As to past damages, the plaintiff calculates a per unit royalty rate for actual past sales made before the 2025 trial. As to future damages, the plaintiff’s royalty theory assumes that the defendant’s sales volume in the year preceding trial will remain constant — the flat line shown above — until 2034, when the patent expires.
Cross-Border Lessons In Using Hague Evidence Convention
By Jeffrey Mok, Chris Marchese and Mohammad Kameli ( March 17, 2025, 3:47 PM EDT) -- Consider the following scenario: You need evidence from foreign nationals for U.S. litigation, and you initiate a discovery request under the Federal Rules of Civil Procedure. However, the individuals or entities from whom discovery is sought resist, citing national blocking statutes or data security laws, which restrict the transfer of certain types of information abroad.... Law360 is on it, so you are, too.
Cross-Border Lessons In Using Hague Evidence Convention
By Jeffrey Mok, Chris Marchese and Mohammad Kameli ( March 17, 2025, 3:47 PM EDT) -- Consider the following scenario: You need evidence from foreign nationals for U.S. litigation, and you initiate a discovery request under the Federal Rules of Civil Procedure. However, the individuals or entities from whom discovery is sought resist, citing national blocking statutes or data security laws, which restrict the transfer of certain types of information abroad....
NetChoice v. Brown (Maryland)
The Maryland Speech Code puts the government in charge of what information residents can access online, forcing websites to police speech and violating the First Amendment. Beyond censorship, the law also threatens cybersecurity. It basically mandates that services either impose sweeping speech restrictions and conduct rigorous policing of speech online or conduct age verification to properly comply with the law.
TechNet & NetChoice v. CFPB
NetChoice joined TechNet in a lawsuit to protect American consumers, businesses and innovation from the Consumer Financial Protection Bureau (CFPB) and Director Rohit Chopra’s attempted power grab over digital payments. The lawsuit has been filed in the U.S. District Court for the District of Columbia. The CFPB’s rule exceeds the agency’s authority and unlawfully expands government power over the American economy.
NetChoice v. Bonta (California, 2024)
NetChoice sued California on November 12, 2024, over a law passed earlier this year that imposes harsh digital surveillance and limits access to information online. SB 976 forces the online companies covered to create significant barriers for Californians, restricting their access to lawful content unless they hand over sensitive, personal documentation.
NetChoice v. Skrmetti (Tennessee)
NetChoice is suing the State of Tennessee to keep online communication safe and free and ensure meaningful and legal—not unconstitutional—legislation is implemented to protect families and their rights online. Tennessee’s HB 1891 is a serious overstep that goes against First Amendment rights by forcing private businesses to restrict its citizens’ access to protected speech unless they hand over documentation.
CCIA & NetChoice v. Paxton (Texas, 2024)
The Computer & Communications Industry Association (CCIA) and NetChoice sued Texas in the U.S. District Court for the Western District of Texas to stop HB 18, defend constitutional rights, keep kids—and all Texans—safe online, and protect parental rights. HB 18 violates Texans’ fundamental rights, creates a disaster for their online privacy and security, and replaces parents with government bureaucrats.
Will Silver Continue to Outperform Gold?
“JP MORGAN: SEES GOLD, SILVER PRICE FOR 2025 AT $2,600/OZ, $34/OZ RESPECTIVELY” -- Reuters Opening Thoughts As we have indicated in the last few updates, we expect both gold and silver to establish trading ranges during the summer months, with a slight bias to the downside. This forecast is because both metals need some time to digest the recent gains, provide enough uncertainty that the sellers above the $30 level feel good, and worry those investors still holding.
NetChoice v. Fitch (Mississippi)
NetChoice sued Mississippi over its HB 1126 in the U.S. District Court for the Southern District of Mississippi to keep online communications and speech safe and free, as well as to ensure parents—not big government—are in the driver’s seat of their families. While well-intentioned, HB 1126 is an unconstitutional overreach into citizens’ rights that courts will likely block.
NetChoice v. Carr (Georgia)
NetChoice sued Georgia in the U.S. District Court for the Northern District of Georgia to halt Act 564 on June 6, 2024. No other state has implemented a similar law after Congress implemented its own federal INFORM Act in 2023 with the intent to stop a state patchwork from emerging. Georgia’s amended Act 564 is an overreach that contradicts federal law, imposes unreasonable burdens on businesses, creates uncertainty, and fails to effectively tackle the intended problem of retail crime.
NetChoice v. Yost
Ohio lawmakers had good intentions, being concerned about the mental health and well being of young people. But unfortunately, the law they implemented, the Social Media Parental Notification Act, violates constitutional rights and rips away a parent’s authority to care for their child as they find appropriate—all while violating the safety and security of ALL Ohioans, especially kids and teens. NetChoice is fighting to stop it.
NetChoice v. Reyes
Earlier this year, the Utah legislature and Governor Spencer Cox took up the important issue of kids online safety. While their effort was well-intentioned, the path they chose violates the constitutional rights of all Utahns, their children and their businesses, compromises their data security and strips away their parental rights. NetChoice is suing the State of Utah to stop this package from going into effect on March 1, 2024.
COT Silver Report - September 15, 2023
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The Silver Lining Lessons From the Loss of My Father Larry LaBorde
Hours before my father’s collapse we were trading text messages across the 7- time zones between us about my son’s first sentence, only to receive a call moments before going to bed that he was gone. In the shock and the grief that followed, I was fortunate to know that there was nothing that had been left unsaid between us. However, the realizations that he and I would not be sharing my son’s and soon-to-be born daughter’s journey, hit harder than I could have ever imagined.
Global silver demand to fall 9.4% in 2023, Chile's Cochilco says
About the author Since 2003, SilverSeek.com has served millions of readers with the latest silver news and information. SilverSeek.com continues to lead and connect the silver investor community with up-to-date information on the silver markets providing visitors with live silver prices, covering and analyzing the silver mining and exploration companies, discussing silver as money and related topics. Average: 5 (1 vote)
First Majestic Silver Announces the Opening of A Minting Facility
About the author Since 2003, SilverSeek.com has served millions of readers with the latest silver news and information. SilverSeek.com continues to lead and connect the silver investor community with up-to-date information on the silver markets providing visitors with live silver prices, covering and analyzing the silver mining and exploration companies, discussing silver as money and related topics. Average: 5 (1 vote)
Here's What the Gold-silver Price Ratio Tells Us about Silver
About the author Since 2003, SilverSeek.com has served millions of readers with the latest silver news and information. SilverSeek.com continues to lead and connect the silver investor community with up-to-date information on the silver markets providing visitors with live silver prices, covering and analyzing the silver mining and exploration companies, discussing silver as money and related topics. Average: 5 (1 vote)
Silver Market Update - How it Will Perform During a Stock Market Crash
As with gold, the increasing danger going into this Fall is that silver gets caught up in a “pan selloff” involving a market crash triggered by a cascade of bank failures, a crisis in the debt market, and another long period of lockdown using a Covid variant / climate scare as the excuse. The resulting crash would be far worse than what we saw in 2008.
GoldSeek Radio Nugget -- Bill Murphy: Gold and Silver Are Cheap Relative to Value
GoldSeek Radio Nugget -- Bill Murphy: Gold and Silver Are Cheap Relative to Value By Chris Waltzek, GoldSeek Radio The gold cartel may be running low on bullion to sell. Precious metals represent an enticing relative value compared to competing asset classes. About the author Chris Waltzek is host, executive producer, writer/editor, best-selling author, webmaster, sound engineer and computer guru at GoldSeek.com Radio.
NetChoice v. Griffin
The state of Arkansas is undermining the First Amendment due to a new law, SB 396. The law mandates that leading websites verify the identity and age of users. Our lawsuit against Attorney General Griffin over SB 396 will protect the First Amendment and keep online communication safe. The law undermines the First Amendment by requiring that Arkansans hand over sensitive and private information to be able to use digital communication services.
COT Silver Report - April 21, 2023
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Goofy Conclusions From the Silver Institute
(Here’s brief excerpt from Wednesday’s article to subscribers) Hot off the press is today’s just-released world annual silver survey from the Silver Institute. As previewed a couple of months back, the Institute is reporting flat total supply (mining plus recycling) and sharply increased demand growth of 18% or 186 million oz, resulting in the highest silver deficit in modern times of 237 million oz.
Record demand pushes silver into new era of deficits, Silver Institute says
About the author Since 2003, SilverSeek.com has served millions of readers with the latest silver news and information. SilverSeek.com continues to lead and connect the silver investor community with up-to-date information on the silver markets providing visitors with live silver prices, covering and analyzing the silver mining and exploration companies, discussing silver as money and related topics.
Prismo Primed With Recent Deal and Ready to Drill New Property
April 18, 2023 About the author Founder and President of GoldSeek.com and SilverSeek.com Twitter: @GoldSeek Newsletter Signup Join the Free Weekly Silver Review! SilverSeek.com week in review delivered direct to your inbox! Please verify your request*
Silver Is A Screaming Bargain
Silver fever is rising. Calls for $100 silver (see $100 Silver Has Come And Gone) and higher echo loudly. With its price close to $25 oz. after being as low as $18 oz. last fall, now would be a good time to review how well silver has responded to past predictions of impending higher prices. Below is our first chart (source). It shows a recent three-year history of the silver price using monthly average closing prices… CHART NO.
COT Silver Report - April 14, 2023
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AbraSilver Drilling at the JAC Zone Intersects 46.5 Metres at 226 g/t AgEq Including 8.0 Metres at 544 g/t AgEq in Oxide Mineralization
Toronto – April 13, 2023: AbraSilver Resource Corp. (TSX.V: ABRA; OTCQX: ABBRF) (“AbraSilver” or the “Company”) is pleased to announce its latest diamond drilling assay results holes from the ongoing Phase III exploration program on the Company’s wholly-owned Diablillos property in Salta Province, Argentina (“Diablillos” or the “Project”).
Who are Behind the Silver and Gold Buying
Richard (Rick) Mills Legal Notice / Disclaimer Ahead of the Herd newsletter, aheadoftheherd.com, hereafter known as AOTH. Please read the entire Disclaimer carefully before you use this website or read the newsletter. If you do not agree to all the AOTH/Richard Mills Disclaimer, do not access/read this website/newsletter/article, or any of its pages.
The Bank Crisis Is Just Warming Up - So Are Silver and Gold
April 11, 2023 The banking crisis is just starting. The implosion of the fraud-riddled FTX and the counterparty collateral damage that occurred was an early warning sign. But it is a glimpse of the malinvestment, accompanied by fraud and corruption, enabled by the nearly $9 trillion printed by the Fed since 2008. SVB and Signature were indicators that the force behind the nascent bank crisis has put the ball and play and is safe at first.
Expect to see a ‘massive move’ in silver, says asset management firm (CNBC)
April 11, 2023 About the author Since 2003, SilverSeek.com has served millions of readers with the latest silver news and information. SilverSeek.com continues to lead and connect the silver investor community with up-to-date information on the silver markets providing visitors with live silver prices, covering and analyzing the silver mining and exploration companies, discussing silver as money and related topics.
Joint Letter Opposing California's Journalism Preservation Act, AB 886 - NetChoice
Antitrust NetChoice signed a letter featuring 12 organizations in opposition to California’s AB 886, the Journalism Preservation Act
GoldSeek Nugget -- Marc Faber: Domestic monetary policies could lead to 15%+ interest rates!
Dr. Marc Faber, editor of the Gloom, Boom, Doom Report, thinks centralized banking is en route to currency destruction. About the author Chris Waltzek is host, executive producer, writer/editor, best-selling author, webmaster, sound engineer and computer guru at GoldSeek.com Radio. He earned his bachelors degree in Business Economics and holds a dual MBA in Business Economics & Information Systems.
COT Silver Report - April 7, 2023
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JPM Again
A major development last week was the large amount of gold issued by JPMorgan over the first two days of the COMEX April contract. Total gold deliveries by JPMorgan of 14,326 contracts, including 10,682 contracts (1.07 million ounces) by JPM from its proprietary house account were the largest by JPM in history. This is big news because it demonstrates clear and blatant price manipulation by JPMorgan.
An Aggressive Exploration Season Begins for Aztec Minerals -- Testing Arizona's Silver History
Aztec Minerals Corp. (TSX-V: AZT, OTCQB: AZZTF). is freshly financed with strong backing to aggressively advance its projects with two drill programs at its highly prospective properties in Mexico and Arizona. The company is setting up for a busy summer with plenty of news. The company recently closed an attractive $1.1 million private placement, paying no fees nor offering any warrants, to fund this round of exploration.
Bank Depositors Fleeing Low Yields AND Solvency Problems
Silver led precious metals markets higher last week. Safe-haven demand remains strong despite the rally in stock prices. There are lingering concerns among many investors about the economic outlook and the troubles in the banking sector are not likely over. The U.S. dollar ended lower on the week while yields on the 10-year Treasury moved higher. Meanwhile, the ongoing flight of depositors remains a problem for banks.
Silver Setting up for a Run to $30 and Maybe $50
Website: https://blog.smartmoneytrackerpremium.com/ Gary Savage is a 57-year-old retired entrepreneur living in Las Vegas. He has been investing in stocks and commodities for 15+ years. He is a self-made multi-millionaire and attributes his financial success to savvy investments made in owning/selling several businesses, real estate, and, more recently, the stock market. He is also an Olympic weightlifting champion, and world record holder.
Keep the Internet Safe and Usable: NetChoice Watches Gonzalez v. Google at the Supreme Court
Content Moderation | Media Hits and Press Statements WASHINGTON—Today, the U.S. Supreme Court will hear oral arguments in a case that could radically alter the way Americans use the internet, Gonzalez v. Google. In Gonzalez, the Court will determine who bears legal responsibility for what individuals post online. Specifically, it will consider whether Section 230 of the Communications Decency Act of 1996 protects online services from liability when they use algorithmic recommendation systems.
NetChoice Celebrates Supreme Court Decision to Protect Free Speech Online
Washington, D.C.—Today, NetChoice celebrates victory in the Supreme Court of the United States after the Court granted NetChoice and CCIA’s emergency application to stay the Fifth Circuit’s unexplained, 2-1 order issued May 11th. While today’s victory is welcome news, we’re only halfway there—our case will soon return to the district court, where we’ll proceed to arguments on the merits.
Will Silver Continue to Outperform Gold?
Seduced by silver at the tender age of 11, David Morgan started investing in the stock market while still a teenager. A precious metals aficionado armed with degrees in finance and economics as well as engineering, he created the Silver-Investor.com website and originated The Morgan Report, a monthly that covers economic news, overall financial health of the global economy, currency problems ahead and reasons for investing in precious metals.
It's Data Privacy Week and We Need a Federal Data Privacy Standard
Home | Blogs & Op-Eds | It’s Data Privacy Week and We Need a Federal Data Privacy Standard Happy Data Privacy Week and happy early Data Privacy Day! We’re glad to see organizations, companies, and nonprofits raising awareness about privacy concerns and considerations Americans face every day, and empowering individuals to make informed decisions about privacy.
Free Speech Victory: Federal District Court Blocks Texas Social Media Law
Balancing free expression and online safety is what makes the internet usable. When going online, no one should be forced to wade through awful and offensive content unless they decide to.
The Fed's QE Taper Schedule and COMEX Gold
By now, it's a fait accompli that the FOMC will announce a QE taper schedule on Wednesday at the conclusion of its November meeting. How the COMEX precious metals react to this news will likely set the course for the remainder of 2021. First, you must understand that what the FOMC announces on Wednesday will not be "news". Various Fed presidents have foreshadowed these changes since early August. And what will those changes be?
GoldSeek Radio Nugget: Gerald Celente -- The Phony Economy is Going to Collapse
Head of the Trends Research Institute, and, The Trends Journal, Gerald Celente returns with uplifting commentary on the precious metals sector. Investors penchant for digital assets could soon turn to gold and silver, as tangible assets become vogue. Gerald says inflation is real and here to stay; a few weeks ago he purchased gold and continues to hold the king of currencies.
Consumers And Small Businesses Would Be The Ones Punished By New Senate Antitrust Proposal
Home | Blogs & Op-Eds | Consumers And Small Businesses Would Be The Ones Punished By New Senate Antitrust Proposal Thursday, Sen. Amy Klobuchar (D-MN) and four of her colleagues announced their intent to introduce legislation prohibiting a handful of America’s leading technology businesses from choosing how they offer their products and services.
Graphite to follow in lithium's footsteps
A lithium-ion (Li-ion) battery is a type of rechargeable battery technology common to portable electronics, electric vehicles and large grid-scale storage systems for renewable energy. These batteries consist of an anode, cathode, separator, electrolyte and two current collectors (positive and negative). The cathode contains lithium, either in the form of lithium carbonate or lithium hydroxide, while the anode is made up of graphite. There are no substitutes for either in a Li-ion battery.
COMEX Gold Ignores Real Yields
Inflation-adjusted interest rates remain sharply negative, yet the COMEX gold price remains down on the year. On a historical basis, this is a very odd divergence, and it sets up an interesting trade as we move toward 2022. Much has been made of the current drop in inflation-adjusted or "real" interest rates. And what are real interest rates? The rate of return a bondholder sees once inflation and loss of purchasing power is taken into account.
Chapter 3. Section 1 of the Sherman Act
Now that we’ve given a high-level overview of the Sherman Act, let’s dive separately into Section 1 of the law, which prohibits businesses from conspiring with competitors and entering into agreements that hurt American consumers. In Chapter 4, we’ll dive into Section 2. 3.1 Section 1 of the Sherman Act Bans Unreasonable Agreements Between Businesses. Section 1 of the Sherman Act outlaws “every contract, combination, or conspiracy in restraint of trade” between two or more businesses.
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