btfitz_20140506_968_M

IP Wise

Making Business Wise About Intellectual Property Litigation

separator

Unpatent To Take on Patent Trolls

/ 0 Comments

Newegg and its Chief Legal Officer, Lee Cheng, have been outspoken and uncompromising in opposition to patent trolls. Cheng has now joined forces with two well–known hackers, Luis Cuende and Jorge Izquierdo, on their new venture, Unpatent, with the goal of “fixing the innovation framework,” beginning with patent trolls, which they describe as a “glitch...

Read More
separator

Happy Birthday, Patent Reform

/ 0 Comments

Today marks the fifth anniversary of the Leahy-Smith America Invents Act, a comprehensive patent reform package that, depending on your vantage point, either went too far or not far enough. From a removal of half a decade, it appears that some of the AIA’s requirements have had little practical effect – for example, the fact...

Read More
separator

Patent Office Employees Found To Have Wasted Their Time, Taxpayer Money

/ 0 Comments

According to a report issued today by the Office of the Inspector General (OIG) of the Department of Commerce, hundreds of thousands of the claimed work hours of patent examiners at the U.S. Patent and Trademark Office cannot be reasonably accounted for. After a minute–by–minute review of data for 94% of all patent examiners’ claimed...

Read More
separator

The Role of Design Patents in Patent Troll’s Litigation Designs

/ 0 Comments

The business world snapped to attention when Apple obtained a $400 million verdict from Samsung in a dispute largely focused on design patents covering how smart–phones look. The Supreme Court has agreed to take up the question of how to assign damages for design patent infringement—that is, how to distinguish between the value of the...

Read More
separator

Permission Granted

/ 0 Comments

With a hat tip towards Law360 for noting that Judge Gilstrap may have quietly done away with his notorious “permission slip” requirement for filing a summary judgment motion. While previous docket control order templates required a party to submit a five-page letter brief seeking permission to file a summary judgment motion, the latest incarnation simply...

Read More
separator

Goodbye, Ruby Sands….

/ 0 Comments

In a short but scathing order, Judge Gilstrap sent frequent patent lawsuit flier Ruby Sands, LLC packing, in granting a motion to dismiss Ruby’s amended complaint on grounds that it “plainly fails to state a claim for relief that is plausible on its face.” The Court found that Ruby’s direct infringement pleadings “are constructed upon...

Read More
separator

The Results Are In: Patent Quality Can Improve

/ 0 Comments

The Government Accountability Office (GAO) released two reports on the Patent & Trademark Office (PTO) recently, including one on patent quality and clarity. As to such report, the GAO recommends that the PTO: Develop a consistent definition of patent quality, and clearly articulate this definition in agency documents and other guidance. Develop measurable, quantifiable goals...

Read More
separator

Too Little, Too Late?

/ 0 Comments

On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes (and issuing an exclusion order prohibiting the import of any shoes that infringe certain of Converse’s other trademarks). It is the former that is of particular interest here. Though Converse had...

Read More
separator

Supreme Court To Decide Which Exports Can Trigger Patent Infringement Liability For World–Wide Sales

/ 0 Comments

The Supreme Court term is closing this week with a flurry of long-awaited, contested opinions on abortion, gun control, and government corruption. But intellectual property–minded court–watchers found interest in the Court’s decision to grant cert. (in part) in the case of Life Technologies v. Promega. While U.S. patent law is generally limited to domestic conduct,...

Read More
separator

Supreme Court Affirms Patent Office Procedures For Inter Partes Review

/ 0 Comments

Although the political winds in the Senate continue to blow against the confirmation of a ninth justice, the oddities of an eight–person Supreme Court have not prevented the court from deciding patent cases in the past week. Today brings the opinion of the Court in Cuozzo Speed Technologies v. Lee, in which the high court...

Read More
separator