A Senate subcommittee held hearings today on proposed “reforms” to the patent system. IP bloggers J. Matthew Buchanan and Dennis Crouch have a lot of useful information posted for those who are interested. I just finished watching the hearings on C-SPAN earlier this evening and have a few views and thoughts of my own. Congress is free to consider and use them at no charge.
Continue Reading Senate Hearings on Patent Reform
Articles
$26.4 Million Jury Verdict in Cosmetics Patent Case
By Philip P. Mann on
A Delaware jury has awarded $26.4 million to a competitor of Mary Kay Cosmetics in a patent case involving three skin care patents. What’s interesting about this case — aside from the $26.4 million damages award — is that it shows the extent of monetary damages that can arise from even such mundane products as…
Microsoft Dodges Half-Billion Dollar Bullet — For Now.
By Philip P. Mann on
Well, the long-awaited decision in Eolas Technologies, Inc., et al. v. Microsoft Corp. was handed down by the Federal Circuit today. The good news for Microsoft is that the case is remanded for further consideration of its invalidity and inequitable conduct defenses. The half-billion dollar jury award against MS thus goes away, for now. The…
Here’s a strange one.
By Philip P. Mann on
Dennis Crouch reports that the Federal Circuit has just affirmed a decision in favor of Reebok in a patent infringement lawsuit brought against it by a fellow named Kalman Gyory. Nothing terribly unusual about this disposition on the merits. What is curious is the Court’s denial Reebok’s request for fees.
Continue Reading Here’s a strange one.
“You can’t fight in here, this is the War Room!”
By Philip P. Mann on
Not exactly IP related, but I’m happy to see that at least some common sense still exists in this country. As you may have heard, a lawyer in Ney York got upset a while back when a couple of old-timers started telling lawyer jokes outside a Long Island courthouse. So upset he had the pair…
Federal Circuit Upholds Design Patent Infringement Award
By Philip P. Mann on
An interesting case from the Federal Circuit today. What’s unusual is that the Federal Circuit actually upheld a finding of design patent infringement. What’s more unusual is that the court upheld a monetary award in favor of the design patent owner. While I haven’t checked this rigorously, (and I’m sure someone will let me know if I’m wrong) it’s the first time in my recent memory they have done so. Let’s hope it signals a trend.
The case is instructive for several reasons.
Continue Reading Federal Circuit Upholds Design Patent Infringement Award
New “Rocket Docket” in Eastern Texas
By Philip P. Mann on
MSNBC reports that the Eastern District of Texas may be the latest “rocket docket” for patent cases in the U.S. The Eastern District of Virginia, which has long been favored by patent plaintiffs for its comparatively fast track to trial, has apparently been getting bogged down in recent days. (I guess nothing lasts forever.) For…
Help! Help! The Patent Terrorists Are At It Again!
By Philip P. Mann on
Ho-Hum, another article today clobbering us so-called “patent terrorists.” (I’m truly offended.) Actuallly, this one is rather interesting in that promotes what I’ve always thought is a good idea — indemnification for users of infringing products.
Continue Reading Help! Help! The Patent Terrorists Are At It Again!
Fill’er Up!
By Philip P. Mann on
Those who don’t deal with the patent system on a regular basis are often surprised to learn that the morality, social utility and even legality of an invention don’t enter into the question of whether it is patentable. Thus, patents are routinely granted on ideas that would certainly raise eyebrows among most decent people if actually put into practice. I was reminded of this while reading the decision handed down by the Federal Circuit today in Matthew Stevens v. Tech International, Inc.
Continue Reading Fill’er Up!
Federal Circuit Says, “Hold Your Horses, Anheuser, THIS Bud’s For You”
By Philip P. Mann on
A while back, I criticized the Federal Circuit for seemingly going out of its way to find implied, narrowing limitations in otherwise broad claims. While it’s too early to break out the champagne, the Court’s decision last week in Anheuser-Busch v. Crown Cork & Seal suggests that common sense and plain English still play some role in the dark and mysterious art of construing patent claims. In what I hope is a refreshing indication of things to come, the sober Court demonstrated it isn’t going to swallow every narrowing claim construction argument that comes along, even if brought to you by your friends at Budweiser.
Continue Reading Federal Circuit Says, “Hold Your Horses, Anheuser, THIS Bud’s For You”