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Niro, Scavone, Haller & Niro

1 case appearance — 1 as plaintiff counsel · 0 as defendant counsel.

Attorneys

Further reading

eBay Inc. v. MercExchange (2006)
Pre-eBay, an injunction was a kill switch a patent holder could threaten. Post-eBay, the worst is monetary damages — and for an NPE that wants license fees anyway, the four-factor test usually fails on the irreparable-harm prong.
District court vs. PTAB: where to fight a patent challenge
Every defendant who actually fights a patent ends up choosing — sometimes implicitly — between district court invalidity, PTAB IPR, or both in parallel. The trade-offs are not symmetric; the choice often determines the case.
Octane Fitness v. ICON Health & Fitness (2014)
Octane Fitness rejected the rigid Brooks Furniture test and restored district-court discretion over fee awards. Together with its companion Highmark, it gave defendants the most realistic post-trial recovery path the modern patent system has produced.
How patent trolls operate (and why the business model works)
A junk patent generates settlement income exactly the same way as a strong one, because nobody pays $1M to test a $200k demand. The mechanics matter because the failure modes — what makes assertion campaigns expensive or risky for the troll — are exactly where defendants find leverage.
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
Narrow your claim during prosecution and you presumptively give up the equivalents in between. The presumption is rebuttable, but in practice the prosecution history is a defendant's gold mine.