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ARTICLE · 04 APRIL 2025

Intellectual Property Report - April 2025

Baker Botts L.L.P.
Baker Botts L.L.P.
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Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is a leading international law firm with 11 offices located in the US, Europe, and the...

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The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation

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Patent Apportionment: Anything You Say in a License Agreement May Be Used Against You in a Court of Law

Connor Roddy

Key Takeaway:

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants' reliance on "comparable licenses" as a means for calculating a reasonable royalty. With EcoFactor, Inc. v. Google LLC pending before the Federal Circuit, the court's full stance on this issue remains to be seen.

Read the full article on our website.

When Can District Courts Cancel Trademark Applications?

Matt Williams, Christopher Palermo

Key Takeaway:

While district courts have clear statutory authority to cancel registered trademarks, courts are divided on whether they may cancel unregistered trademark applications. One year ago, the Ninth Circuit upheld a decision cancelling four trademark applications, further complicating an existing circuit split concerning the authority

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