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Intellectual Property Litigation: Fifty Percent Royalty Rate Affirmed Against Generic Manufacturer
May 13, 2015 read the article
Litigation partner Lew Clayton's Intellectual Property Litigation column appeared in the May 12 issue of the New York Law Journal. The article, "Fifty Percent Royalty Rate Affirmed Against Generic Manufacturer," discusses the U.S. Supreme Court's recent decision on when a Trademark Trial and Appeal Board finding of likelihood of confusion can have issue-preclusive effects in an infringement lawsuit. Also addressed are appellate decisions regarding reasonable royalty rates and the "entire market value" rule in generic-pharmaceutical cases, application of the new test for patent indefiniteness, and more.