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IP Wise

Making Business Wise About Intellectual Property Litigation

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[I]nsuring Peace of Mind from Patent Trolls

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We’ve previously blogged about RPX, the entity that bills itself as a defensive bulwark against patent assertion entities (i.e. trolls) through the process of acquiring or licensing problematic patents in order to protect its members from offensive litigation, and offers an insurance of sorts against patent claims. Now advertisers are getting on the bandwagon, with...

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Letter Request Requirement in East Texas Takes An Absurdist Turn

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We’ve written before about the unique requirement some judges in the Eastern District of Texas impose on accused infringers, requiring them to obtain leave of court before filing a motion testing the patent–eligibility of an asserted patent under Alice v. CLS Bank. This requirement makes it harder for accused infringers to get a dispositive issue...

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PTAB Takes Out MPHJ Scanning Patent

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Notorious patent troll MPHJ Technology Investments has been in the news and courtrooms a great deal over the past several years. Its rise to prominence began with waves of letters from hard–to–trace affiliates to small businesses demanding that they license the ability to scan documents to send by email. That got the attention of Vermont...

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En Banc Federal Circuit Speaks On Joint Infringement and Induced Infringement

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In two major decisions issued by the entire court, the Federal Circuit addressed two open questions, one regarding the doctrine of joint infringement; the other, the scope of the International Trade Commission’s authority over acts of induced infringement. In the latest of many chapters in the case of Akamai Technologies v. Limelight, the Federal Circuit...

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The True Measure of Success

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According to statistics gathered by Docket Navigator, the nationwide rate of success for pretrial “Alice” motions (challenges to patentability under Section 101) is 71% (measuring from the date when the Supreme Court handed down its Alice opinion in 2014). While 71% is the national average, the rate of success varies dramatically by jurisdiction – most...

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Justice Delayed

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Courts are busy, and generally understaffed and underfunded when you consider the workload they are expected to handle. At times, that means that cases slip through the judicial cracks. That can present a thorny problem for litigants awaiting a ruling. At what point, and through what means, do you try to (gently) remind a court...

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That’s Billion with a “B”

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Carnegie Mellon University v. Marvell Technology Group Ltd. An eye-catching opinion out of the Federal Circuit primarily for the eye-popping nature of the district court’s damages award – $1.5 billion to Carnegie Mellon University. Regrettably for the endowment of Carnegie Mellon, the Federal Circuit reduced the award to a modest sum of $278 million, knocking...

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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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