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IP Wise

Making Business Wise About Intellectual Property Litigation

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Google Adds Prior Art To Patent Page

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The Google Patents page has been for some time now a one–stop shop for copies of published U.S. patents and patent applications. This week, the search engine giant added a new wrinkle—prior art. In an announcement published on July 16, 2015, Google Deputy General Counsel for Patents, Allen Lo, and Software Engineer for Google Patents,...

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Patent Litigation Doing Just Fine, Especially In Texas

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After several years of steady increase in the number of new patent lawsuits filed, 2014 saw a notable decline in the number of new patent suits from 6,082 in 2013 to 5,012 in 2014. Some, such as Gene Quinn of IP Watchdog, saw this 1,000–case decline as evidence that the patent reform enacted in 2011...

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It’s PTAB Week At The Federal Circuit

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In a pair of decisions issued this week, the Federal Circuit has opined on the scope and limits of two kinds of administrative challenges to the validity of issued patents that can be filed with the Patent Trial and Appeals Board (PTAB), the administrative tribunal set up to decide such issues. Although the devil may...

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Independence Day Round–Up

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A post–4th–of–July review of recent developments in patent litigation: Supreme Court declares independence from patent cases. As the Supreme Court closed out a memorable 2014 term, we note that the Court has not accepted any patent cases for its 2015 term. Although there are a few cert. petitions percolating, it appears that patent law will...

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Your Friendly Neighborhood Spiderman

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Justice Kagan’s writing style often reads like a breath of fresh air in the musty—if august—annals of Supreme Court opinions. Her opinion in Kimble v. Marvel Entertainment, LLC, is no exception, and would be noteworthy for no other reason than that it cites Spiderman comics as an authority. That Justice Kagan managed to combine pop...

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Niro and Spangenberg Leaving the Patent Troll Field?

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Joe Mullin at Ars Technica writes that two figures prominently associated with the patent troll phenemonen—Ray Niro and Erich Spangenberg—are eyeing the exits of the litigation field they helped create. Facing a potential fee award of several million dollars to HTC in one case, Niro recently declared the stand–alone patent case “dead on arrival,” citing...

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Alice Needs A Judicial Visa To Enter East Texas

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East Texas continues to stand out among federal judicial districts for its (contrarian) approach to patent cases. Where the judges in other judicial districts have found the Supreme Court opinion in Alice v. CLS Bank a useful tool to use early in cases to weed out patents that shouldn’t have been granted—you can see a...

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It Is Not In The Heavens…

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In Sport Dimension, Inc. v. The Coleman Company, Inc., the Central District of California recently issued an order denying plaintiff’s motion for attorneys’ fees under Section 285 of the Patent Act, notwithstanding the fact that the patent’s inventor ultimately issued an expert report for the plaintiff opining that plaintiff’s product did not infringe the patent–in–suit....

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Atlanta Attorney Withdraws Defamation Suit Against Electronic Frontier Foundation

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It has been an eventful ten days or so for Atlanta attorney Scott Horstemeyer. On May 26, through counsel Sanford Asman, Horstemeyer, filed a defamation lawsuit against the Electronic Frontier Foundation for identifying U.S. Patent No. 9,013,334 as its “Stupid Patent of the Month” on April 30. Mr. Horstemeyer is the named inventor of that...

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Self-Incrimination, Patent Style

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With a tip of the hat to Docket Navigator, for pointing out this interesting slant on an otherwise uninteresting procedural motion. The issue arose in the context of negotiating a protective order governing the exchange of confidential information, a routine (if crucial) preliminary step in most pieces of complex litigation. In short, Defendant wanted assurances...

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