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IP Wise

Making Business Wise About Intellectual Property Litigation

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Divided Federal Circuit Panel Tackles Divided Infringement (Again)

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In the week in which devoted fans await the final episode of the long–running TV drama, Mad Men, devoted Federal–Circuit watchers received the latest—but likely not the last—episode in the long–running drama of Akamai v. Limelight. This is the case that has not yet delivered on the promise of establishing with clarity when one party...

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Federal Circuit Reins In ITC On Domestic Industry

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It has been quite a while since we last talked about the International Trade Commission, the agency charged with protecting the United States from unfair trade practices—including intellectual property violations—in the importation of goods into the U.S. market. That is in part because the venue—with its complex rules and fast pace—appears no longer to be...

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Patent Litigation Reform Inches Forward (Yet Again)

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As reported in the New York Times and Wall Street Journal, the Senate has joined the House of Representatives in introducing legislation aimed at reforming patent litigation procedures to address the patent troll problem. The bill, introduced in a rare show of bi–partisanship by Senators Cornyn, (R., Tex.), Grassley (R., Iowa), Leahy (D., Vt.), and...

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Undermining The Ethical Wall In Patent Litigation

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With a tip of the hat to Docket Navigator, the following case out of the Eastern District of Wisconsin will raise the eyebrows of anyone who has been a defendant in one of a number of “serially–filed” patent infringement lawsuits—that is, dozens of cases filed against different defendants under the same patent by the same...

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John Oliver Explains Patent Trolls As Only He Can

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In eleven hilarious, yet informative, minutes, John Oliver gives patent trolls the Last Week Tonight satirical treatment:     Nuff said.  

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PTO Endorses Patent Reform; Inspector General Questions Patent Quality Control

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News of note from both ends of the patent litigation spectrum: The Patent and Trademark Office voiced general support for Congressional efforts to reform abusive patent litigation practices, while the Office of the Inspector General found the PTO lacking in its quality control measures for ensuring the issuance of high–quality patents. The juxtaposition is striking...

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Patent Profiting

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With a tip of the hat to IP Watchdog for alerting us to a new, novel, and controversial way to make a quick buck on patents. As reported by the Wall Street Journal, hedge fund manager Kyle Bass — with the help of Erich Spangenberg, formerly known as the patent troll that everyone loved to...

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Getting its Due

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As we’ve mentioned in the past, the U.S. Copyright Office is the redheaded stepchild of intellectual property protection. Unlike the U.S. Patent & Trademark Office – a federal agency in its own right, albeit one with somewhat strained resources – the U.S. Copyright Office operates under the aegis of the Library of Congress. Which is...

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No Welcome Mat for Alice in East Texas After All?

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A month ago, we highlighted the case of Clear With Computers v. Volvo Construction Equipment, in which Judge Gilstrap of the Eastern District of Texas granted a defense motion to dismiss for lack of patentable subject matter. We saw the application of Alice v. CLS Bank in a ruling on an early dispositive motion in...

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Likelihood of Confusion in a War on Two Fronts

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The Supreme Court issued an opinion in a trademark case the other day with interesting implications for those of you who defend – or defend against – trademark portfolios. The case, B&B Hardware v. Hargis Industries, involved a trademark opposition running tandem with a trademark infringement lawsuit over a square off between the marks SEALTITE and...

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