Articles
Who you calling a “troll”?
By Philip P. Mann on
This recent article from the Wall Street Journal brought a chuckle. Seems the Obama Administration just stepped in to veto an ITC ruling, won by Samsung, that barred importation of certain Apple iPads and iPhones. What’s interesting is some of the language used to justify the veto:
U.S. Trade Representative Michael Froman made the decision…
The Empire Strikes Back
By Philip P. Mann on
It appears my comment regarding a recent New York Times article on "patent trolls" — and my suggestion that defense lawyers might be the major beneficiaries of the so-called "troll" problem — has touched a nerve.
For some reason Mr. Guiliano takes me to task for simply accepting the figures provided in the article and…
Say it ain’t so!
By Philip P. Mann on
Last week I asked how it is that large firms somehow manage to bill their clients millions to dispose of frivolous cases based on clearly invalid patents that couldn’t possibly be infringed anyway.
Well, maybe the financial realities facing "Big Law" might have something to do with it.
Why pay for the cow…
By Philip P. Mann on
This interesting article in the New York Times regarding a so-called "patent troll," raises the obvious question: If the patents are obviously no good and the claims of infringement clearly frivolous, how is it that supposedly top-notch lawyers must charge millions to show that to a judge?
I found this statistic from the article telling: …
Be Careful What You Wish For…
By Philip P. Mann on
The eyes of the patent world were on Seattle this week as an Order denying injunctive relief was handed down in the ongoing Microsoft v. Motorola heavyweight title bout.
While I will leave it to others to discuss the minutiae and determine the implications for the industry, the main question on my mind is whether…
I Resemble That Remark
By Philip P. Mann on
It is always amusing to watch the intellectual gymnastics of clever people trying to defend the intellectually indefensible. Seventh Circuit Appellate Judge Richard Posner’r recent, article, "Patent Trolls Be Gone" (You talkin’ to me, Judge?) is entertaining in this regard, as we watch the good judge try to "clarify" the "problems with our patent system…
Flying Coach
By Philip P. Mann on
Or, “Those Who Live By The Sword…”
Here’s an amusing little class action case filed in Seattle this week. Seems Coach, Inc., well known purveyors of high end handbags and such, in their never-ending zeal to protect innocent consumers from inferior (and, more reasonably priced) “knock off” goods, unleashed their New York lawyers to crack…
Who’s Driving Up The Costs of Litigation? (Or, “Maybe The Recession’s Worse Than We Think!”)
By Philip P. Mann on
As contingent-fee lawyers and supposed “patent trolls” to boot, my colleagues and I are blamed for many of the ills that plague society. It is we — who do not get paid unless we are successful — who file merit-less cases, prolong litigation, waste resources, and cause innocent defendants to pay their lawyers upwards of…
And the beat goes on…
By Philip P. Mann on
A few years back I wrote about what I saw as a developing “War on Juries” in patent cases. A couple of recent incidents suggest that the war continues.
Last week we lost a hard-fought case on summary judgment. That happens, it’s part of the game, and the lawyer who never loses most likely never…