In McNeil Nutritionals v. Heartland Sweeteners , the Third Circuit ruled that store brand copies of national brands can have packaging that comes closer to that of the national brands than a competing national brand could, provided the store brand packaging...

The Patent Act empowers a court to treble actual damages awarded to a patent owner for patent infringement. 35 U.S.C.S. § 284. Section 284 does not provide a standard for enhancing damages, but courts historically have linked damage enhancement, as...

A venerable patent law axiom-"a patentee may be its own lexicographer"-- allows a drafter to define, explicitly or even implicitly, in a patent specification an ambiguous word or phrase in a patent claim or even give an unconventional meaning to...