btfitz_20140506_968_M

IP Wise

Making Business Wise About Intellectual Property Litigation

separator

Independence Day Round–Up

/ 0 Comments

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...

Read More
separator

Your Friendly Neighborhood Spiderman

/ 0 Comments

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...

Read More
separator

Niro and Spangenberg Leaving the Patent Troll Field?

/ 0 Comments

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...

Read More
separator

Alice Needs A Judicial Visa To Enter East Texas

/ 0 Comments

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...

Read More
separator

It Is Not In The Heavens…

/ 0 Comments

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....

Read More
separator

Atlanta Attorney Withdraws Defamation Suit Against Electronic Frontier Foundation

/ 0 Comments

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...

Read More
separator

Self-Incrimination, Patent Style

/ 0 Comments

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...

Read More
separator

Supreme Court Sides With Patent–Asserter In Commil v. Cisco

/ 0 Comments

A divided Supreme Court held today in Commil v. Cisco that an accused infringer’s good–faith belief in the invalidity of a patent asserted against it is not a defense to an allegation of induced infringement. The opinion is a victory for the patent–assertion entity who sued Cisco, and another Supreme Court defeat for the Federal...

Read More
separator

Divided Federal Circuit Panel Tackles Divided Infringement (Again)

/ 0 Comments

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...

Read More
separator

Federal Circuit Reins In ITC On Domestic Industry

/ 0 Comments

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...

Read More
separator