Posts Tagged: litigation


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 …
By James Berger
10 months ago 0

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 …
By Steve Brachmann
10 months ago 12

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 …
By Renee C. Quinn
1 year ago 0

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 …
By Gene Quinn
2 years ago 69

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 …

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
2 years ago 2

Why Patent Contingency Litigation is Declining?

Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario …

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
2 years ago 3