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

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

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!

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”

Seems Intel’s chief patent counsel David Simon has low regard for us unworthy types who have the temerity to think patents might protect smaller players too. At least that’s the message that comes across loud and clear from his comments in today’s Law.com article entitled, “Simon Says Intel Is Moving Toward Solos, Small Firms.”

In all honesty, the title was intriguing and I had to look. Could it be that a corporate giant such as Intel might actually notice that there are good lawyers in this country and that not all of them are in huge firms?
Continue Reading Intel Patent Chief Has “No Use” For Small Patent Holders

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 a gentle (?) reminder that plaintiffs claiming patent infringement really ought to provide some evidence of infringement if they hope to win. While I honestly believe the Court’s decision might have been prompted by what I sense is an increasingly hostile attitude by the Court toward patents in general, there are still some important lessons for us in this case. We’d be wise to listen.
Continue Reading A “Reminder” From The Federal Circuit: It Pays To Support Your Case With Actual Evidence Of Infringement

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 industry of companies collecting patents with the sole purpose of suing others for money has formed in the past years.” Hmmm…sounds pretty bad doesn’t it? Companies formed for the sole purpose of suing others? For money? In America?
Continue Reading Patent Holding Companies Unfairly Trashed

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 patents, patent lawsuits and the actions Sun might take in the future.
Continue Reading Sun’s Patent Lawsuit Policy: Good News for Patent Owners and Trial Counsel?