Posts Tagged: patent infringement


Federal Circuit Affirms in Part and Reverses in Part “Means Plus Function” Indefiniteness

In an indefiniteness analysis, particularly for a “means plus function” claim, the patent must particularly disclose the corresponding structure for performing the claimed function. It is not …

Federal Circuit Denies Mandamus Relief and Orders Disclosure of Documents

As a threshold matter, the Court considered whether it had jurisdiction over the writ of mandamus. The Court noted the America Invents Act broadened its jurisdiction to …

Nite Ize files Section 337 complaint with ITC over patent-infringing mobile device mounts made in China

In early October, mobile hardware developer Nite Ize of Boulder, CO, filed a Section 337 patent infringement complaint with the U.S. International Trade Commission (ITC). The complaint …
By Steve Brachmann
20 days ago 0

CAFC vacates attorneys’ fees awarded to Justin Timberlake, Britney Spears in patent infringement case

The Federal Circuit recently issued a non-precedential decision in a patent infringement action involving American pop music stars Justin Timberlake and Britney Spears and their production companies. …
By Gene Quinn & Steve Brachmann
24 days ago 1

Qualcomm targets Chinese smartphone maker Meizu with complaints at ITC, foreign courts

American semiconductor giant Qualcomm has been taking actions in recent months against a Chinese smartphone developer whose stature has been on the rise. In a press release …
By Steve Brachmann
1 month ago 0

Don’t Feed the Trolls: Practicality in View of the FTC’s Report on Patent Assertion Entities 

The Norwegian fairy tale “Three Billy Goats Gruff” was far ahead of its time and the moral of that story has a very relevant, modern application. In …
By Ravi Mohan
1 month ago 9

The Uncertain Future of Laches in Patent Litigation

The stage is now set for the Supreme Court to weigh in on the future of laches in patent litigation. If the Court closely follows its analysis …

Claims broad enough to encompass mental processes are unpatentable abstract ideas

The Court reasoned that the claims were limited to straightforward steps that a skilled artisan could perform mentally and that the inventors admitted to doing so. The …

Why should litigation costs of the infringer be relevant to determine if a license is fair or just a nuisance?

Why should the costs of the tortfeasing infringer be relevant in determining whether the extracted value from a settlement is fair? The fact that law firms charge …
By Gene Quinn
2 months ago 29

MONKEYmedia patent suit against movie studio defendants continues after settlements with Apple, Sony

The suit filed by MONKEYmedia identified Apple software products as allegedly infringing upon the patents-in-suit... Six years of litigation later and on September 6th, 2016, an order of …
By Steve Brachmann
2 months ago 0

If patent laws were correctly calibrated to spur innovation the efficient infringer would pay

Ashley Keller: "However, when you do infringe a patent, even if it was efficient for you to do so, the upshot should be you have to pay. …
By Gene Quinn
2 months ago 9

Briefs supporting Life Technologies draw battle lines in battle over extraterritorial application of US patent laws

The U.S. government weighs in on Life Technologies’ side because “the application of U.S. patent law to participation by U.S. exporters in foreign markets …
By Edward Kwok
2 months ago 2

FRCP Form 18 is not sufficient per se to plead patent infringement

The Federal Circuit affirmed a district court’s dismissal under Rule 12(b)(6) for failure to meet the pleading standards for joint patent infringement, holding that Form 18, from …

How I Discovered Strong Patents Are Critical for America

Over the past 25 years, I have patented innovations relating to digital watermarking, content recognition, deep packet inspection, rights management, and related technologies. Today digital watermarking is found …
By Scott Moskowitz
2 months ago 29

Life Technologies Corp. v. Promega Corporation: What No One Is Telling the Supreme Court

In its upcoming term, the Supreme Court will once again consider the extraterritorial effect of U.S. patent law; specifically, whether “the Federal Circuit erred in holding …
By Jonathan Tropp
3 months ago 3