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R. David Donoghue

David Donoghue: How the AIA is Changing Patent Rights for Retailers

February 7, 2012

This post originally appeared here on February 3, 2012, and is reposted here with the author’s permission. Before the enactment of the American Invents Act (“AIA”), I identified four key provisions of the new law that will impact retailers.  I have asked my colleague Daniel Farristo provide details regarding what retailers need to know about [...]

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David Donoghue: Revolving Door in Patent Litigation – Alarming Trend or Just Business Reality?

January 23, 2012

This morning the Wall Street Journal cast light on an increasing trend in patent troll defense work: When Lawyers Become ‘Trolls.’. It is written by Ashby Jones, one of the Journal’s top legal reporters and a former author of the WSJ Law Blog. The article is worth a read by itself, but it is an important story for retailers because it focuses upon the trend of patent defense lawyers switching sides and, in many cases, becoming trolls themselves.

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David Donoghue: Multiple Defendant Cases Die Hard

November 15, 2011

This post originally appeared here on November 14, 2011, and is reposted here with the author’s permission. In September, I wrote that the America Invents Act’s (“AIA”) main impact upon patent litigation would be the new joinder ruleprohibiting suing multiple, unrelated defendants in a single case. In the two weeks between the Senate’s passage of the [...]

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David Donoghue: Rocky Mountain IP Conference – Nimmer & Dodd on Licensing

June 22, 2011

At the beginning of the month, I [spent] several days attending the 9th Annual Rocky Mountain IP & Technology Institute. In addition to two days of excellent continual legal education and meeting many interesting people, I also spoke with in-house counsel from Microsoft and Hewlett Packard about how to limit fees in intellectual property litigation (more on that panel soon). For those who are looking for some high quality continuing legal education, that is in a beautiful location, you should come to the 10th Annual Rocky Mountain IP & Technology Institute next June. It is one of the two best CLE programs I have ever attended.

IP licensing luminaries Nimmer and Dodd spoke at length on current IP licensing issues. It was an excellent and enlightening discussion. At first blush, it is not directly litigation related, however, I found the session very valuable for the settlement work that I do, as well as for the IP licensing portion of my practice. So, here are some of the highlights.

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David Donoghue: Rocky Mountain IP Conference – Joint Infringement Update

June 17, 2011

Earlier this month, I spent several days attending the 9th Annual Rocky Mountain IP & Technology Institute. In addition to two days of excellent continual legal education and meeting many interesting people, I also spoke with in-house counsel from Microsoft and Hewlett Packard about how to limit fees in intellectual property litigation (more on that panel soon). For those who are looking for some high quality continuing legal education, that is in a beautiful location, you should come to the 10th Annual Rocky Mountain IP & Technology Institute next June. It is one of the two best CLE programs I have ever attended.

One of the excellent sessions at the conference was Scott Alter’s (of Faegre & Benson) presentation about the state and history of joint and divided infringement. Here are some of the highlights.

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David Donoghue: Judicial Panel – Best Practices in IP Litigation (Part 2)

June 10, 2011

This post originally appeared here on June 10, 2011, and is reposted here with the author’s permission. I spent several days last week attending the 9th Annual Rocky Mountain IP & Technology Institute. In addition to two days of excellent continual legal education and meeting many interesting people, I also spoke with in-house counsel from Microsoft and [...]

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David Donoghue: Judicial Panel – Best Practices in IP Litigation (Part 1)

June 3, 2011

This post originally appeared here on June 3, 2011, and is reposted here with the author’s permission. I spent the last several days attending the 9th Annual Rocky Mountain IP & Technology Institute. In addition to two days of excellent continual legal education and meeting many interesting people, I also spoke with in-house counsel from Microsoft [...]

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