btfitz_20140506_968_M

IP Wise

Making Business Wise About Intellectual Property Litigation

separator

The Troll Squad

/ 0 Comments

We’ve read with interest the news of Virginia’s new “Patent Troll Unit,” part of the Office of the Attorney General, and the latest effort of the Commonwealth to take a firm stand against bad faith practices against Virginia-based businesses. (The establishment of the Unit follows the passage of Va. Code §§ 59.1-215.1 et seq. in...

Read More
separator

The Limits of Exceptionality

/ 0 Comments

Much (electronic) ink has been spilled about the “exceptional case” standard under the U.S. Patent Act, permitting an award of attorneys’ fees to the victor in, well, exceptional circumstances. Following the Supreme Court’s decisions in Octane and Highmark back in 2014, district courts have been increasingly comfortable finding exceptionality. And defendants in patents suits have...

Read More
separator

Superior Court Denies Preliminary Injunction Sought Against M.S.A.D. 75

/ 0 Comments

In a January 16, 2016, Order, Justice Thomas D. Warren of the Cumberland County Superior Court ruled in favor of Maine School Administrative District 75 in a legal challenge brought against it by Harpswell Coastal Academy, Wesley Withers, Carrie Withers, and John Doe. Represented by B&I Partner David W. Bertoni and co–counsel Michael E. Carey,...

Read More
separator

Timing Is Everything: Alice in East Texas (Again)

/ 0 Comments

Well, we warned you that Alice v. CLS Bank was going to remain a hot topic in 2016. Two more data points to support that theory have emerged, each of which, in a different way, relates to the proper timing of a judicial decision on the legal question of whether a patent’s claims are written...

Read More
separator

New Year’s Grab Bag: Old Topics and Young Lawyers

/ 0 Comments

Welcome to 2016! By all accounts, 2015 was a banner year: For patent litigation—the second–highest number of patent lawsuits ever were filed in 2015 (just behind 2013); For patent trolls, which accounted for two–thirds of those new lawsuits, up from 2014; And for the Eastern District of Texas, in which 44% of all new patent...

Read More
separator

The Outer Bounds of Bilski

/ 0 Comments

Tip of the hat to Patently–O for interesting reporting on the latest round in the endless legal struggle between Samsung and Apple, two titans who promise to be engaged in lawsuits until the legal system itself implodes. The most recent bout has Samsung filing a petition for writ of certiorari seeking clarity for the admittedly...

Read More
separator

The Gold Standard of Intellectual Property

/ 0 Comments

Today is the 164th birthday of Asa Candler. Depending on what brand of beverage you prefer, you owe Candler a toast of thanks – he is responsible for taking a $2300 investment in a soda formulation and channeling it into the mighty empire known as The Coca Cola Company. Coca Cola may be one of...

Read More
separator

East Texas Judge Orders eDekka To Pay Accused Infringers’ Fees

/ 0 Comments

In a closely watched case from east Texas, Judge Gilstrap has awarded attorneys’ fees to defendants who successfully moved to dismiss the claims against them because the asserted patent was drawn to patent–ineligible subject matter. As we reported in September, Judge Gilstrap granted a set of motions to dismiss under Alice v. CLS Bank, then...

Read More
separator

Zippo-Dee-Do-Dah

/ 0 Comments

We’ve been skeptical in the past about the continuing viability of the so-called Zippo test for personal jurisdiction, which dates from the dawn of the Internet and relies heavily on whether a website is “passive” or “interactive” to determine whether there are sufficient contacts with the forum. Now that nearly every website is “interactive,” the...

Read More
separator

The Jury Is No Longer Out…

/ 0 Comments

The America Invents Act – major patent reform legislation which passed a few years ago – has its critics and its champions. One particularly popular aspect of the statute are the avenues it sets out to challenge issued patents before the PTO. In a recent opinion, the Federal Circuit confirmed the constitutionality of one of...

Read More
separator