Posts Tagged: Patent Litigation


Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

Defeating Patent Trolls with Failure to Mark

Many defendants to patent troll suits have never heard of the patent owner or its patent(s), and will have never received notice of infringement until service …
By Damian R LaPlaca 6 days ago 14

Groupon lawsuit calls IBM “a relic” but IBM R&D invests more than Groupon’s total revenues

Groupon’s complaint and spokespersons have been widely reported that labels IBM as a “dial-up dinosaur” and “a relic of once-great 20th Century technology firms” that is …
By Steve Brachmann 7 days ago 6

CAFC Vacates Judgment on Pleadings in Light of Revised Standard for Divided Infringement

The Court vacated the judgment against Mankes and remanded the case for further consideration. Because the law was in a state of flux, the Plaintiff pled facts …

‘Science’ publishes biased patent trolling article, regurgitating Harvard patent hatred

Pre-litigation review of cases to weed out instances of patent trolling sounds like a great idea, but what more weeding out do the authors want? Since the …

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 28 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 29 days ago 1

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 1 month 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 2 months 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 2 months ago 0