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26 Intell. Prop. Litig. 1 (2014-2015)

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Fall 2014, Vol. 26, No. 1

TABLE OF CONTENTS


Articles *
Summary Judgment on Copyright Damages: New Guidance
By Mark G. Tratos and Bethany L. Rabe
WrestleMania XXIV sparked an unexpected match: DJ Anthony Dash vs. famed champion boxer Floyd
Mayweather Jr.

Developments in Iniunctive Relief in Health Care Patent Cases
By Mark Rachlin
Chief Justice Roberts's interim order injects ambiguity into the analysis of at risk launches.

Presumption or Proof? Establishing Irreparable Harm in Trademark Cases after eBay
By Mark S. VanderBroek and Lucas A. Westby
A lawyer litigating a plaintiff's trademark case cannot count on a presumption being applied.

Patent Trolls: Can You Sue Them for Suing or Threatening to Sue You?
By Bradley P. Nelson
Victims of abusive patent assertion tactics may have the option of turning the tables.

Statutory Damages under Lanham Act Section 35(c) Related to the Use of Counterfeit Marks
By Sharmian L. White
Subsection 1117(c) offers an alternative to proving actual damages.

Are Attorney Fees Now Easier for Patent Owners to Recover Absent Willful Infringement?
By Mark M. Supko
Supreme Court expands authorization for a district court judge to impose a fee award.

Consumer Surveys and Other Market-Based Methodologies in Patent Damages
By Shankar lyer
Changes in demand of analyses of patent damages may force traditional damages experts to give way
to marketing experts and economists.


News & Developments *
Seventh Circuit Reins In Transformative Fair Use Standard
Sconnie Nation is not Sorry For Partying; use of photograph not a copyright violation.

Third Circuit Reiects Presumption of Irreparable Harm in Lanham Act Cases
Cases are now required to demonstrate that a party seeking a preliminary injunction must show a
probability, not possibility, of irreparable harm.

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