/PRNewswire/ A newly released study from Marcum LLP reveals surprising trends in two decades of patent litigation, shedding light on unexpected patterns.
Though there is no longer an affirmative duty to seek the opinion of U.S. patent counsel after being put on notice of possible infringement of a U.S. patent .
Under Title 35 of the U.S. Code, Section 284, a victorious patent owner in a patent infringement suit may seek an award of up to three times the damages award — treble damages — if the patent owner proves.
On June 1, 2023, the Supreme Court of the United States issued its decision in the most-watched False Claims Act ("FCA") case of the year. In United States ex rel. Schutte v. SuperValu Inc. (consolidated with United States ex rel. Proctor v. Safeway, Inc.).
Under 35 U.S.C. § 271(a), a patent is infringed when someone "without authority . . . offers to sell, or sells any patented invention, within the United States."