I want to take a break from my series on intellectual-property (IP) decisions to review the first Supreme Court IP decision in 2019. The decision for the case titled “Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.” was issued on Jan. 22, 2019.
Reasonable royalties represent the lower estimate of damages in patent infringement cases. The determination of a reasonable royalty can be a very complicated calculation that can be based on as many as 16, which include...
Lost profits represent the upper estimate of damages in patent-infringement cases. The lost profits that a patent owner can obtain represent the profits that the patent owner would have obtained if the infringing product was not sold in the relevant market. Thus, the lost profits represent the patent owner’s lost profits. The infringer’s profits are essentially irrelevant.
The United States, Mexico and Canada entered into an agreement on Oct. 1, 2018, that is intended to replace the North America Free Trade Agreement (NAFTA). The agreement is referred to as the United States-Mexico-Canada Agreement (USMCA).
Earlier this year, I did a blog post on the status of the Uniform Trade Secrets Act (UTSA). In the blog, I noted that the UTSA has been enacted in 48 states, as well as the District of Columbia, Puerto Rico and the U.S. Virgin Islands, with New York and Massachusetts being the lone holdouts.
The final installment of this series on the major intellectual property (IP) treaties will discuss three more agreements, the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), the Hague Agreement Concerning the International Deposit of Industrial Designs (the “Hague Agreement”), and the Lisbon Agreement for the Protection of Appellations of Origin (the “Lisbon Agreement”).
The next major intellectual property (IP) treaty that I would like to discuss in this blog is The European Patent Convention or Convention on the Grant of European Patents. The treaty was signed in 1973 and became effective in 1977.
I would like to take a break from discussing intellectual property law treaties in this blog to discuss the last intellectual property decision that was issued by the Supreme Court in its October 2017 term. The case dealt with the award of lost profits for extraterritorial patent infringement in WesternGeco LLC v. ION Geophysical Corp. on June 22, 2018.