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IP Wise

Making Business Wise About Intellectual Property Litigation

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Form Reform Moves Forward

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Way back in 2012, we highlighted the problems caused by Form 18 of the Federal Rules of Civil Procedure, which provides a sample complaint for use in filing a patent infringement case. The main problem? The bare–bones form requires a patent–asserter to provide virtually no information about its claims to the defendant. And, under Federal...

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Total Eclipse of the Claims

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Alice was a busy girl Labor Day week. In the space of two days, the two month–old Supreme Court opinion was applied by district courts in California, Delaware, and Texas to grant dispositive motions finding patent claims patent–ineligible for claiming computer–implemented abstract ideas. Loyalty Conversion: Sitting by designation in the Eastern District of Texas, Judge...

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The New Normal? Federal Circuit Affirms Invalidity Under Alice

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Yesterday, the Federal Circuit issued an opinion in buySAFE v. Google, its latest opinion on patent eligibility after Alice v. CLS Bank, affirming the judgment of the district court that the asserted claims were invalid because they claimed nothing more than the abstract idea of guaranteeing performance of a transaction implemented on a computer. Perhaps the...

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A Little Light Reading

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On the eve of Labor Day weekend, perhaps you were planning on sneaking off to the beach with the latest bestseller. Just in case you were looking for a bit more serious fare, the U.S. Copyright Office has obliged, releasing a compendium that tips the scales at over 1,200 pages. Perhaps you are less than excited, but...

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More Bad News For NPEs At The ITC

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Last month an administrative law judge at the International Trade Commission posed a straightforward question, and gave a straightforward answer: “whether a licensing entity whose patent-related activities are purely revenue driven can choose to prove the existence of a domestic industry under subsections (A) and (B) of section 337(a)(3), avoiding the requirements of subsection (C)?...

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Yes, Patent Trolls Are Doing What You Think They Are Doing

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Timothy Lee of Vox directs our attention to the latest empirical study into the economic impact of patent trolls: a paper published by Lauren Cohen of the Harvard Business School, Umit G. Gurum of the University of Texas at Dallas, and Scott Duke Kominers of Harvard, entitled simply, “Patent Trolls: Evidence from Targeted Firms.” Among the findings:...

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When Should You Ask Alice?

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Friday was a good day for AOL, Google, IAC Search & Media, Gannet Company, and Target. TheFederal Circuit reversed a district court determination that patents asserted against them by I/P Engine were valid and infringed. For the disinterested reader, however, the Federal Circuit’s split opinion was as interesting for how the panel reached the result. The...

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Patent Reform: Not (Yet) A Dead Letter

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Pardon the pun. Patent reform, a perpetual hot topic of conversation in the halls of the United States Congress, is seemingly on the minds of five Democratic senators who are trying a different tactic: Administrative, rather than legislative, reform. In a recent letter to the Secretary of Commerce, the coalition urged five goals formulated under the mindset that an...

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A Patented Problem

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Tough time to be at the Patent & Trademark Office. Reports surfaced last month that a recentinvestigation had revealed that the federal government had paid out nearly $5 million to work-at-home PTO paralegals hired in 2009 to ease the patent backlog for exercising, doing laundry, surfing the Internet, and watching TV – because of a hiring...

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A Fraternity of Federal Judges

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We’ve mentioned the reversal rates on claim construction before - under the current de novo standard of review (no deference) the Federal Circuit routinely reverses trial judges on claim construction, very often the decisive issue. The Supreme Court has recently agreed to hear the case of Teva Pharmaceuticals v. Sandoz, which will address the issue of how much (if any) deference the...

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