Posts Tagged: Patent Litigation

Move over Patent Trolls, Efficient Infringement has arrived on the Hill

But now, after quickly dispatching with the patent troll meme as much ado about nothing, we can, should and must now unleash a more simplified counter attack …
By Chris Gallagher & Gene Quinn
12 hours ago 3

The FTC’s PAE Study: Doing More Harm Than Good

Basing policy recommendations on no evidence, or at best anecdotal evidence, has great potential to do more harm than good…especially when some of the missing evidence …
By Kristen Osenga
6 days ago 1

Despite the FTC headlines, the patent system is not working for a large population of patentees

Despite the headlines, most infringement is small infringement. The FTC report ignores three important sea changes in the patent ecosystem that should, if anything, obliterate the use …

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
8 days ago 29

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
8 days ago 0

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
9 days ago 4

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
9 days 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
9 days ago 9

FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

On Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple …
By Gene Quinn
10 days ago 0

In non-precedential decision, CAFC vacates district court grant of summary judgment

In vacating the district court’s summary judgment order, the Federal Circuit noted first that statements made by Micron’s expert regarding what the anticipatory reference disclosed …
By John M. Rogitz
16 days ago 1

Federal Circuit recognizes its role as only an appellate court in Apple v. Samsung

This decision reestablishes what should always have been the case; namely that the Federal Circuit is an appellate court that does not consider evidence outside the record …
By Gene Quinn
18 days ago 13

Federal Circuit presumes inventorship correct even when considering standing

Drone sued Parrot for indirect infringement of two patents relating to remote-controlled drones... The Federal Circuit sided with Drone and refused to substantively examine inventorship, where Drone’…

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 …

FTC releases report on PAE Activity, recognizes important role of enforcing patents

Despite what many thought were the intentions of the FTC going into this project, the FTC did acknowledge the important role patent enforcement plays within the patent …
By Steve Brachmann & Gene Quinn
19 days ago 2

IPR Evidence and Trial Impact for Practitioners

For accused infringers relying on invalidity defenses that were presented in an inter partes review (“IPR”) to fight willful infringement allegations in district court, the shift in …