Patent News Grab–Bag

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Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

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Brann & Isaacson Files U.S. Supreme Court Brief In Major Patent Case

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Partners Peter Brann, David Swetnam-Burland, and Stacy Stitham filed an amicus curiae brief on behalf of 48 Internet companies, retailers, and associations in the U.S. Supreme Court, urging the Court to reiterate its narrow interpretation of the patent venue statute in order to stop forum shopping by patent trolls and others. Underscoring the importance of this...

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What Happens In East Texas Definitely Doesn’t Stay There

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This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

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Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

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We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in...

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En Banc Federal Circuit To Decide What To Decide In Inter Partes Review Appeals

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Welcome, dear readers, to 2017. While we left 2016 with the potentially explosive news that the Supreme Court may be poised to eliminate the forum shopping that feeds patent troll litigation, we begin the new year with a Federal Circuit decision to review a small problem with the review of decisions by the Patent Office...

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George Isaacson Named State Tax Notes Person Of The Year For 2016

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Senior Partner George Isaacson has been named the 2016 Person of the Year by State Tax Notes, (See article here) citing his close and long–standing engagement in constitutional litigation in the state tax arena, and describing him as a “calm, brilliant advocate.” Brann & Isaacson congratulates George on this richly deserved recognition and honor. We...

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Supreme Court Declines To Hear DMA Challenge To Colorado Notice And Reporting Statute, Turns Down State’s Invitation To Revisit Quill

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On Monday, December 12, 2016, the Supreme Court denied the petition for a writ of certiorari filed by Senior Partner George Isaacson and partner Matthew Schaefer on behalf of the Data & Marketing Association, previously known as the Direct Marketing Association (“DMA”), in one of the key state tax-related disputes presented to the Court this...

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Supreme Court May Take Its Chance To End Forum Shopping

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Before closing up shop for the holidays, the Supreme Court issued a short order which, among other things, granted the cert. petition filed in TC Heartland LLC v. Kraft Foods Group Brands, LLC. By taking this case, the Court has given hope to those of us concerned about forum shopping, and the over–concentration of patent...

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What’s Your Damage, Apple?

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The opinion of the Supreme Court is in, in Samsung v. Apple, and the news is not appetizing for Apple. Justice Sotomayor, writing for a unanimous Court, did just enough to (temporarily?) undo the $399–million verdict Apple had secured in this skirmish of the smartphone wars for infringement of its design patents. But the Court...

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Federal Circuit Clips The Wings of Covered Business Method Review

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In an opinion yesterday in Unwired Planet, LLC v. Google Inc., a three–judge panel of the Federal Circuit significantly limited the scope of Patent Office review of business method patents under the America Invents Act. The appellate court shrunk the universe of patents eligible for covered business method (CBM) review, a result which may please...

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