Posts Tagged: litigation


Webinar: Portfolio Montetization: Identifying the Valuable Patents in a Portfolio

Analytics and big data can provide insight into the potential value of a patent portfolio in many ways, even identifying assets ripe for redistribution. What may be …
By Renee C. Quinn
1 month ago 0

Federal Circuit rules Alice did not alter the law governing 101

How the Federal Circuit could rule that Alice did not change the law governing § 101 is a bit of a mystery. Applying the same two-step test seems a …
By Gene Quinn
8 months ago 69

Defendant is Prevailing Party for Awarding Attorney’s Fees if Case Dismissed with Prejudice

If an action is dismissed with prejudice for lack of standing, the defendant will be considered the prevailing party and attorney’s fees can be awarded under 35 …

Unwitnessed E-mails and Drawings Cannot Corroborate Testimony of Conception

Appellee Kamstrup A/S (“Kamstrup”) filed an IPR, and the Board instituted review of the challenged patent. Apator attempted to swear behind a cited prior art reference …

Equitable Estoppel Requires Claim Scope Sufficiently Similar to Earlier Claims

Equitable estoppel does not bar assertion of patent claims later amended by reexamination when those new claims differ in scope from earlier claims in the patent that …

Incorporation By Reference Does Not Establish Priority

In an IPR brought by E*Trade in response to an infringement suit by Droplets, the Board found that the Droplets ‘115 patent was invalid due to obviousness. …

Software Development Agreement Not a Clear Conveyance of Patent Rights

Where a contractual assignment of patent rights is not unequivocal the contract cannot defeat standing at the pleadings stage in a correction of inventorship action. A contract …

Control Over District Court Litigation is Required for Time Bar Under 35 U.S.C. § 315(b)

An IPR petition is not time-barred for reasons of privity with a district court defendant in a prior litigation when no evidence shows that the petitioner controlled …

Supreme Court Holds PTAB Must Decide Validity of All Challenged Claims in IPRs

As in civil litigation, the petitioner in an inter partes review is master of its complaint and is “normally entitled to judgment on all of the claims …

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
9 months ago 2

Why Patent Contingency Litigation is Declining?

Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario …

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
1 year ago 3

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro

The U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene …
By Steve Brachmann
1 year ago 0

Proposed Amendments to Rule 11 Will Adversely Impact Patent Owners

Congressman Lamar Smith (R-TX), has sponsored a bill to amend Rule 11 — H.R. 720. The changes are made to remove the safe harbor provision and make sanctions mandatory. …
By Jianqing Wu, Ph.D.
1 year ago 0

Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims

The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
By Steve Brachmann
1 year ago 0

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