Think Patent Arbitration can’t Work? Think Again.
Articles, such as this one, tout arbitration as an alternative: faster, cheaper and more confidential than litigation, with other benefits as well. However, in actual practice, relatively few patent...
View ArticleKeurig Loses Coffee Pod Patent Infringement Case
Keurig makes and licenses brewers and beverage cartridges (pods) that are known as "K-Cups." JBR makes beverage cartridges that are known as "OneCups," which are made to be used with the Keurig...
View ArticleJudge Mayer Just Doesn’t Like Business Method Patents
Alexsam, Inc. v. IDT Corporation is a non-remarkable patent infringement decision with a remarkable dissent. What is noteworthy about the case is not the majority opinion, but the dissent by Judge...
View ArticleUpdate on Post-Grant Design Patent Challenges
Interest in design patents is increasing, in part, because they can be obtained relatively inexpensively and quickly. Dennis Crouch recently reported that from 2010-2012 the majority of design patents...
View ArticleCypress Semiconductor Vows to Fight Despite ITC Loss
Cypress intends to vigorously pursue its two pending district court lawsuits against GSI, which include three of the patents asserted in the ITC investigation and seven additional patents. Those cases...
View ArticleA Review of the Patent SHIELD Acts and Recent Proposals to Reform Patent...
“Patty Sue Just Won’t Go Away.” So went a 2002 article in the San Francisco Chronicle, one of a many articles spanning several years about Patricia McColm, a vexatious litigant blacklisted since 1994....
View ArticleSHIELD Act Part 2 and Other Proposals to Combat Trolls
The latest incarnation of the SHIELD Act was introduced on February 27, 2013, and changes direction as if the first iteration were waived off in disgust before it could even lower its gears. SHIELD Act...
View ArticleThe Supreme Court’s Actavis Decision, Or Why Pay-for-Delay Litigation Just...
In this case, the Supreme Court considered an arrangement by which brand firm Solvay paid generics Watson (now Actavis) and Paddock roughly $30 to $40 million to delay entering the market with generic...
View ArticlePatent Litigation: How to Practice Post-TiVo
In TiVo v. Echostar, Echostar lost on infringement of TiVo’s patented DVR functionality. Judge Folsom issued an injunction and ordered that Echostar stop offering the service and disable all storage to...
View ArticleMyriad: Positive Implications for Genetic Research, but Some Questions Remain...
Widely divergent views have formed in the wake of the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, slip. op. (U.S. Jun. 13, 2013). Some...
View ArticleA Patent Troll Conversation – One on One with Rachael Lamkin
Rachael Lamkin is a patent litigator who recently became Associate General Counsel at Blue Ocean Enterprises, Inc. I have known Rachael virtually for several years, communicating with her both via...
View ArticleIt Takes a Village to Kill a Patent Troll – Part 2 with Rachael Lamkin
We know that Trolls for example have a methodology and they send out cease and desist letters in waves, right, and they collect all they can until they have to start filing suit. By the way the...
View ArticleDefending Chief Judge Rader: Judges Can Make Patent Trolls Pay
Last Tuesday evening Chief Judge Rader was on a panel with U.S. District Court Judge Lucy Koh of the United States Federal District Court for the Northern District of California. Law.com reports that...
View ArticleLargest Patent Settlement Scores $2.15 Billion for Pfizer, Takeda
The settlement comes after a nearly 10-year legal battle in which Pfizer and Nycomed (now part of Takeda) sought to enforce the patent for its blockbuster acid reflux medicine. Pfizer subsidiary Wyeth...
View ArticleOpinion: Regrettable White House Intervention on Patent Trolls
What’s regrettable is that the White House didn’t wait for such empirical data on patent litigation and instead rehashed the findings of discredited studies of PAE-related lawsuits and their purported...
View ArticleWhat Should be Patentable? – A Proposal for Determining the Existence of...
The recent Supreme Court decision in the Myriad case, like past decisions, did not announce a clear rule that can be extrapolated from the decision and applied in other technology areas. Consequently,...
View ArticleSalesforce.com Sued for Patent Infringement
Lexington Technology Group (LTG), an intellectual property management firm, announced on Monday that its wholly owned subsidiary, Bascom Research, filed a patent infringement lawsuit against...
View ArticleWhy Bash Individual Inventor-Owned or Controlled Companies?
Patent Freedom’s data shows that roughly 56% of all NPE suits are brought by companies that are owned or controlled by individual inventors -- the original assignees of the patents involved. If you...
View ArticlePatent Litigation: Too Much as Compared to What?
Although these charts do not represent a rigorous analysis, they do show two things. First, patent activity appears to have a relatively consistent correlation to economic activity. Whether Lincoln was...
View ArticleNintendo Wins Attorneys’ Fees Fighting Baseless Patent Lawsuit
This is an exceptional case; IA Labs brought an objectively baseless claim, which the Court finds was brought in bad faith. Interaction Laboratories, Inc. — the original '226 patent holder — developed...
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