Posts Tagged: litigation
A Massive Threat to Innovation Dodged—for Now
When people think of innovation at this moment, odds are they are thinking about innovation in the biotech and pharmaceutical sector, as the industry scrambles to invent …
Don’t Focus on the Fight: When it Comes to Trade Secrets, it’s the Transaction that Counts
Tuning in to the recent sentencing of Anthony Levandowski for criminal trade secret theft, I was reminded of the wise observation about relationships, that remembering the ending …
Extraterritorial Application of the Computer Fraud and Abuse Act
Intangible assets today make up nearly 84% of enterprise value for companies listed on the S&P 500. This material growth in intellectual property as an asset on U.…
Tracking Buyer and Seller Behavior: 2018 Patent Market Report
As a buyer, tracking the behaviors of sellers, both in aggregate and individually, allows you to operationalize your buying activities. This is especially true for repeat sellers, …
Ten Things to Avoid When Doing Trademark Surveys
Surveys to prove or disprove trademark infringement or likelihood of confusion have been used by attorneys for many years. Unfortunately, many attorneys using surveys can weaken a …
Amazon’s Counterfeit Problem is a Big One—for Shareholders, Brand Owners and Consumers Alike
On February 1, Amazon.com, Inc. filed a Form 10-K annual report with the U.S. Securities and Exchange Commission. Along with reporting its year-end earnings for the 2018 …
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 …
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 …
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 …
