Archives: Patent Lawsuit News

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The Lowdown on Patent Shakedowns???

Well, that’s the title of yet another article I came across — this time in The Motley Fool — that intentionally or unintentionally spreads lies, untruths and disinformation about the patent system. I’m shocked and outraged. Think of the possible effect on our young people. (Our young people!)… Continue Reading

Senate Hearings on Patent Reform

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 … Continue Reading

Here’s a strange one.

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

New “Rocket Docket” in Eastern Texas

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 … Continue Reading

Fill’er Up!

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 … Continue Reading

A “Reminder” From The Federal Circuit: It Pays To Support Your Case With Actual Evidence Of Infringement

I’ve repeatedly stressed that, for patent plaintiffs, two issues are paramount in any patent infringement action. First, is there infringement? Second, what are the damages? Although these are fairly simple questions, I’m amazed at the number of patent plaintiffs who apparently forget these simple matters while heatedly pursuing their claims. Today the Federal Circuit sent … Continue Reading

Patent Holding Companies Unfairly Trashed

There’s no shortage of people who think the patent system is unfair, broken and an impediment to progress. An article I came across earlier today is a good example of what’s commonly heard and highlights many of the misperceptions surrounding patents, patent owners and patent lawsuits. The point is made, for example, that, “A new … Continue Reading

Sun’s Patent Lawsuit Policy: Good News for Patent Owners and Trial Counsel?

A while back I slammed Sun Microsystem’s President and CEO Jonathan Schwartz for calling those of us who enforce patents “spurious litigators.” Well, an article I came across today suggests Sun may now be ready and willing to do the right thing. At least that’s the sense I get from hearing Sun’s recent statement regarding … Continue Reading

The Future of Big Patent Law Firms

In his “Trademark Blog,” noted trademark attorney Martin Schwimmer asks, “Why Are The Big Patent Firms Disappearing?” As he points out, many of the largest and oldest patent firms, which “have been competently handling the largest, most complex patent litigations, since forever,” are disappearing, either by merging with large general firms or by shutting their … Continue Reading

Federal Circuit Clarifies Evidentiary Standard for Proving Design Patent Infringement

A welcome treat for most patent litigators is the chance to handle a “design patent” case. These cases don’t appear too often, but when they do, they’re invariably interesting. Today’s Federal Circuit decision in Bernhardt, L.L.C. v. Collezione Europa USA deals with this fascinating subject. On the surface, design patents seem quite simple. Unlike their … Continue Reading

Patent Pirates Exist Only in Neverland

That’s the title of Michael Smith’s excellent op-ed piece appearing in last week’s “Texas Lawyer.” Michael ably takes on those who naively claim that patent owners, and the lawyers who help them, are “patent pirates.” “Plaintiffs in patent litigation are hardly pirates -they are simply investors who bought an asset and seek a return on … Continue Reading

Sun Head Slams Patent System

I suppose it’s natural that your views on the patent system depend largely on who you are and where you stand. Thus it doesn’t surprise me that, according to a recent article, Sun Microsystem’s President and CEO Jonathan Schwartz thinks the U.S. is “too free to issue patents.” Striking a little closer to home, he … Continue Reading

The War Against Juries

While perusing the Traumatic Brain Injury Blog, I found an interesting article entitled, “When Will Trial and Appellate Courts Stop Usurping the Role of the Jury?” Seems we patent litigators aren’t the only ones seeing a disturbing trend against letting juries actually decide cases.… Continue Reading

Do it yourself?

The always interesting subject of “do it yourself patenting” came up in Steve Nipper’s “The Invent Blog” earlier today. (Steve somewhat graphically likens this to pulling your own teeth.) Obviously, those of us professionally engaged in obtaining and enforcing patents have a personal stake in the matter – which might bias our thinking a bit. … Continue Reading