Posts Archive


Telebrands loses $12.3 million verdict for willful patent infringement of Bunch O Balloons

On November 21st, a jury verdict entered in the Eastern District of Texas awarded $12.3 million in damages to Tinnus Enterprises and ZURU Ltd. in a patent infringement …
By Steve Brachmann
6 days ago 17

Laurence Tribe, Erwin Chemerinsky say PTAB should recognize Tribal Sovereign Immunity

Tribal sovereignty is not a “sham” or a “contrivance,” even when it produces results Petitioners do not like. There is no dispute that the St. Regis Mohawk …
By Derek Gilliland
7 days ago 24

Rovi prevails over Comcast, wins limited exclusion and cease and desist orders from ITC

The U.S. International Trade Commission has issued a final determination finding a violation of section 337 in a matter dealing with infringement of patents owned by Rovi …
By Gene Quinn
7 days ago 3

Manufacturing Firms and Organizations File Briefs in Oil States

Doubtless there are some manufacturing firms, such as Telebrands, who are great endorsers of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) …
By Steve Brachmann
7 days ago 10

Standard Essential Patents, Antitrust and Market Power

Antitrust agency communications, such as the EU Commission’s Horizontal Guidelines and the FTC/DOJ Licensing Guidelines underline that market power does not necessarily result from patent …
By Peter Georg Picht
8 days ago 2

Changes in Patent Language to Ensure Eligibility Under Alice

When a rule becomes a target, it ceases to be a good rule.  In the three years since the Supreme Court issued its opinion in Alice, there …

Packet Intelligence patents see different infringement outcomes in separate Eastern Texas cases

A jury verdict recently entered in a patent infringement case in the Eastern District of Texas held that plaintiff Packet Intelligence, a patent owning entity headquartered in …
By Steve Brachmann
8 days ago 0

RPost Does Not Meet Any Definition of ‘Patent Troll’

RPost has been unfairly described as a patent troll. In fact, RPost is a privately held cybersecurity technology company that has been in operation since 2000. For at …
By Bob Zeidman
9 days ago 6

Disney Slams Characters for Hire for Tarnishing the Disney Image

One of the interesting theories posed by the case is Character for Hire’s claimed right to use Disney characters, which derive from Norse mythology or centuries-old …

Lex Machina’s 2017 Trademark Litigation Report Shows High Percentage of Overall Damages Awarded on Default Judgment

Looking at the types of damages being awarded in trademark cases and how they’re being awarded, it’s highly likely that most damages awarded in these …
By Steve Brachmann
9 days ago 0

The Art of Reverse Engineering

Recently a client asked me for advice on setting up a “reverse engineering” project. He no longer had access to any trade secrets of his former employer; …
By James Pooley
10 days ago 23

How Bitcoin Became a Game Changer Overnight

Bitcoin was touted as the world’s first decentralized digital currency. It basically is a cryptocurrency which uses peer-to-peer technology to provide payment network gateway. Bitcoin is …
By Jay Sharma
10 days ago 4

U.S. Leads World in Quantum Computing Patent Filings with IBM Leading the Charge

Patenting activities in the quantum computing sector have rapidly increased in recent years, with the U.S. by far the preferred jurisdiction for applicants... One interesting finding …
By Steve Brachmann
10 days ago 2

Has the Patent System failed US tech companies?

Patent Monetization is a wake. The Patent System failed US tech companies. Licensing is dead. Patent values are zero – perhaps even negative.... The Silicon Valley elites have …
By John White
11 days ago 13

USPTO Recognizes Federal Circuit’s Aqua Products Decision, Issues Memo on Motions to Amend in IPRs

On November 21, 2017, the USPTO’s Chief Administrative Patent Judge David P. Ruschke issued a memorandum to the Patent Trial and Appeal Board (PTAB) providing guidance on motions …
By John M. Rogitz
11 days ago 5