Posts Tagged: Patent Litigation


What Can We Learn from the FTC’s Patent Assertion Entity Study?

It’s very unlikely that obtaining data from just 25 PAEs will provide a representative sampling of PAEs given that the universe of PAEs is largely unknown and …
By Dr. Fritz Scheuren 5 days ago 3

IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann 6 days ago 0

District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …

Federal Circuit Grants New Trial in Light of False Expert Testimony

The records revealed that Dr. Bielawski repeatedly testified that he personally conducted laboratory testing on J&J’s accused lenses when, in fact, the testing was conducted …

Source Code Review: Mitigating Risks and Reducing Costs

Source Code Review is the most powerful tool in a litigator’s war chest in patent and trade secrets cases. An important consequence of the judicial climate …
By Rahul Vijh 13 days ago 1

Congressman Issa calls patent trolls and plaintiffs interchangeable during ITC hearing

The Subcommittee is Chaired by Congressman Darrell Issa (R-CA), who has been an outspoken advocate for the need for more patent reform in order to provide relief …

Rovi sues Comcast for infringing electronic program guide patents

On April 1, 2016, Rovi Corporation (NASDAQ: ROVI), a pioneer in the field of electronic program guides, filed a patent infringement lawsuit against Comcast in the Eastern District of …
By Gene Quinn 26 days ago 5

Patent litigation report shows Samsung overtaking Apple as top defendant in 2015

2015 is the second straight year in which the list of top plaintiffs has been led by eDekka LLC, a patent holding company, which at times has been …
By Steve Brachmann 1 month ago 0

There is no place for blatant forum shopping in patent litigation

Larger companies like Adobe can defend themselves in court, even in Texas, but upstarts and mom-and-pop small businesses do not have the time or resources to defend …
By Dana Rao 1 month ago 14

Hulk Hogan, Gawker case shines light on controversial bond requirement for right to appeal

Without getting into the substance of the Hogan vs. Gawker lawsuit, the issue of posting bonds to appeal is a contentious one, and if you ask me …
By Gene Quinn 1 month ago 3

Federal Circuit: Interference Party Can’t Support Copied Claims Described as Undesirable in Spec

Bamberg’s specification stated that plastics must not melt at ironing temperatures (up to above 220 degrees Celsius) because the effects would be undesired. Bamberg argued that while …

CAFC overturns $18 million verdict because jury improperly left to determine claim scope

Following a five-day trial, the jury found the asserted claims valid and infringed, and awarded Eon $18,800,000. In determining only that the terms should be given their plain …

Federal Circuit: Exclusive licensee with all substantial rights can sue without patent owner

Over the course of several amendments, Disney granted increasing rights to Candella, by which Disney specifically intended to give Candella standing to sue for patent infringement. The …

Will the Supreme Court consider a CAFC penchant for setting aside patent jury verdicts?

We along with several other attorneys represent ParkerVision, the plaintiff, which secured a $173 million infringement verdict that the courts subsequently threw out based on their own assessment …

Nomadix prevails in patent infringement suit over Internet networking for hospitality industry

The availability of high speed Internet access (HSIA) is a major factor determining consumer satisfaction when staying in hotel or resort lodgings, and it’s this market …
By Steve Brachmann 2 months ago 0