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IP Wise

Making Business Wise About Intellectual Property Litigation

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East Texas Jury Awards $533 Million In Damages In Apple iTunes Patent Suit

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The mega–verdict is back. Patent–assertion entity Smartflash LLC has been awarded $533 million in damages by an east Texas jury in a lawsuit it filed against Apple accusing iTunes of infringing three of its patents. As reported by Reuters, the jury deliberated for eight hours before imposing the half–billion dollar verdict against Apple for willful...

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Patent Reform Rises Again, As Do Arguments About It

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On Monday, the CEOs of Cisco and J.C. Penney published an opinion piece in the Wall Street Journal (subscription required) under the eye–grabbing title, “Stopping the Economy–Sapping Patent Trolls.” In it, John Chambers and Myron Ullman voiced their support for the reintroduction by Rep. Robert Goodlatte of Virginia of the Innovation Act. As we wrote...

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Teva for Two: Federal Circuit Doubles Up On De Novo Review

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In Teva Pharmaceuticals v. Sandoz, the Supreme Court said that in patent cases, like any other civil case, the court of appeals must show deference to the trial court’s findings of fact, even if those findings relate to the legal issue of the proper construction of claim language in a patent. In reporting on that...

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Patent Reform Is Back…Alice Is Big…The PTO Is Unmasked

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…and, we’re back, with a post–hibernation blitz of patent news… Patent reform, it’s back too. Virginia Congressman Bob Goodlatte has reintroduced the patent reform bill that died in the Senate last year. The bill’s provisions are designed to pare back patent troll litigation. It would (1) require the plaintiff to identify the patent–owner before filing...

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Nothing Special About A Specialty Court

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The Supreme Court reminded everyone, once again, that just because patent cases are heard by a special court of appeals, they are not governed by special rules that apply only to patent cases. In Teva Pharm. USA, Inc. v. Sandoz, Inc., the Court ruled 7–2 that when there are subsidiary factual issues in claim construction,...

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Justice for Sale? Forum Selling In Patent Litigation

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A hat tip to Written Description for nicely summarizing two recent articles on “forum selling” i.e., courts consciously encouraging litigants to file cases in their district. “Forum selling” is the counterpart to “forum shopping,” the practice of plaintiffs filing suit in jurisdictions they deem more favorable to their claims. Of particular interest is the commentary...

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Court Sanctions Niro Patent Law Firm Millions In Fees

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The new year has not gotten off to a good start for well–known patent law firm Niro, Haller & Niro of Chicago. As reported by Law.com, the Niro firm is on the hook for millions of dollars in attorneys’ fees in a lawsuit it filed on behalf of Intellect Wireless against HTC. U.S. District Judge...

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“Equity aids the vigilant, not the sleeping ones”

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Latin Proverb Laches is one of those words that law students pay a great deal of money to learn the meaning of in law school. Essentially, the doctrine of laches permits a defendant to raise as a defense to a claim the argument that the plaintiff unjustifiably delayed in bringing the claim. In the patent...

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Guidance through the Patent Eligibility Thicket

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As readers of our blog are well aware, the Supreme Court has certainly shaken matters up when it comes to patent eligibility, the “threshold” inquiry to test a patent’s mettle under Section 101 of the Patent Act. In particular, the Court’s recent opinion in Alice has proven to have implications as deep as the rabbit...

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Federal Circuit Chief Judge Sharon Prost Discusses New Post

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As reported in The Recorder (registration required), Chief Judge Sharon Prost of the Federal Circuit Court of Appeals talked about her sudden ascension to her new post at a conference on patent law held in northern California. Elevated to chief judge after former Chief Judge Rader resigned, Judge Prost suggested in a Q&A session that...

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