Posts in Patent Litigation


The Broad Institute files brief with CAFC answering U of California’s appeal in CRISPR-Cas9 patent interference

On Wednesday, October 25th, the Cambridge, MA-based medical research center The Broad Institute filed a brief with the Court of Appeals for the Federal Circuit in response …
By Steve Brachmann
16 days ago 1

Restoring the Right to Permanent Injunctions: A Patent Reform Agenda

Overrule eBay v. MercExchange and grant permanent injunctions to victorious patent owners as a matter of right. This singular change to U.S. patent laws – which is …
By Gene Quinn
19 days ago 10

All patent infringement is willful patent infringement

The reality created by eBay in light of the AIPA is simple: If you scrape an invention off the USPTO website and massively commercialize it, you get …

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
20 days ago 5

Facebook drops efficient infringement clause from its React software license

In late September, an official blog post published by Menlo Park, CA-based social media giant Facebook (NASDAQ:FB) and penned by Adam Wolff, the company’s engineering …
By Steve Brachmann
22 days ago 0

Importance of Motions to Stay in Modern Patent Litigation

The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more …
By David Newman
23 days ago 0

CAFC affirms invalidity of geographic map visualization patent asserted against Google Earth

The Court of Appeals for the Federal Circuit entered a non-precedential decision in Art+Com Innovation Pool GmbH v. Google LLC, which affirmed a lower court’s …
By Steve Brachmann
27 days ago 10

3M files patent and trademark suit against Chinese manufacturer of spray gun paint preparation system

On September 21st, Saint Paul, MN-based technology and materials company 3M (NYSE:MMM) filed a lawsuit alleging patent and trademark infringement committed by Shanghai, China-based Thunder Finish. …
By Steve Brachmann
28 days ago 0

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent …
By Steve Brachmann
29 days ago 1

PTAB Erred Finding Claims Nonobvious in IPR, Federal Circuit Reverses Without Remand

In Owens Corning v. Fast Felt Corp, Fast Felt sued Owens Corning for infringement, and Owens Corning filed a petition with the PTO seeking inter partes review …

Critiques Alone Are Insufficient to Outweigh Expert Experiments and Testimony

In Organik Kimya AS v. Rohm & Haas Co., Organik Kimya AS (“Organik”) appealed the decisions of the Patent Trial and Appeal Board (“Board”) in two related inter …

VirnetX wins nearly $440 million verdict against Apple, including willful infringement damages

On Monday, October 16th, the Internet security company VirnetX (AMEX:VHC) of Zephyr Cove, NV, announced the results of a patent litigation campaign it had pursued against …
By Steve Brachmann
1 month ago 3

Patent-Ineligible Claims Dismissed Based On Intrinsic Evidence

The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the …

Adjusting to patent litigation in the Northern District of California

My sense is that non-practicing entities had long ago eliminated the Northern District as a potential venue for patent cases. But if and when there is an …
By Ravi Ranganath
1 month ago 0

Questions Raised by the Lexmark Decision

Licensing a product instead of selling it may also be a tool for avoiding international patent exhaustion. It is common to distribute software via license, and this …
By Robert Stoll
1 month ago 8