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Articles by Tim Rawson
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.
Texas Patent Litigation Monthly Wrap-Up: July 2024 | JD Supra
Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR), and pleading standards for pre-suit willfulness. Symbology Innovations, LLC v. Dexcom, Inc., No 2:23-CV-00473, 2024 WL 3543409 (E.D. Tex. Jul.
New Courses for March and April
VMware Learning is excited to announce nine new Learning courses. To view our full course catalog, click here. VMware SD-WAN: Deploy and Manage [V4.x] This two-day, hands-on training course provides you with the knowledge, skills and tools to achieve competency in deploying and managing the VMware SD-WAN by VeloCloud® environment.
Rule Your Learning Journey With Varied and Self-paced Learning [INFOGRAPHIC]
A recent VMware Learning poll proved what we have all known for a while: people want and need choices in the way they learn. Twenty percent of the 600 respondents preferred to learn in a traditional classroom, though the last few years have taught us that in-classroom learning isn’t always possible. Another 14% preferred a slight deviation from in classroom learning and preferred live online. One-third of respondents found our self-paced On Demand classes to fit their needs perfectly.
Ruth Capezzone on overcoming bias: I’ll be darned if it beats me
Ruth Capezzone first picked up a book titled “New Technology” when she was working as a nurse. The book was about the Windows operating system. She was taken aback when one patient’s son asked, “Why are you reading this? You can’t do it; you’re a woman. And besides, you’re black.” Thirty days later, Ruth had her Microsoft Certified Systems Engineer (MCSE) certification. “I’ll be darned if this beats me,” she told me during a conversation about her life and professional journey.
Bridge Your Tech Skills Gap With This Special ELS Offer
Today’s tech skills gap is creating holes that leaders must address. According to a recent report by McKinsey, 87% of companies surveyed say they already have skills gaps or expect them in the next few years. Additionally, IDC predicts that digital transformation IT skill shortages will affect 90% of organizations and will cost over $6.5 trillion globally through 2025. To adapt, global companies must address these gaps to remain competitive in their industry.
Framing It Another Way: Tweets, Copyright and the De Minimis Doctrine
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But Is It Okay to Google His Name? T-Pain Not Guilty of Genericide
“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court considered if T-Pain’s use of “Google” showed that the Google trademark had become genericide’s latest victim.
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