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IP Wise

Making Business Wise About Intellectual Property Litigation

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TC Heartland: A View from the (Supreme) Courtroom

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Having led the team that filed an amicus curiae brief for 48 Internet companies, retailers, and associations in support of TC Heartland, Peter Brann attended the oral argument in TC Heartland v. Kraft at the Supreme Court yesterday. Though not a disinterested observer, he offers these thoughts on what he saw: Although the venue question presented...

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Big Week For IP In The Supreme Court

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While the political world roils, the Supreme Court issued two major IP law decisions this week. In SCA Hygiene Products v. First Quality Baby Products, the Court, in an opinion by Justice Alito, held that the equitable doctrine of laches could not be asserted as a defense in patent cases. Laches is an old doctrine...

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The Genericide of Google?

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If you’ve ever referred to any pain relieving drug as an “aspirin,” asked for a Kleenex when seeking any form of handheld tissue, or interchanged the terms “photocopy” with “Xerox,” you have an inkling of the dangers that may result when a product or service becomes so successful that it jeopardizes its own trademark protection....

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Patent Points to Ponder

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The Supreme Court recently decided the Federal Circuit was incorrect in concluding that the supply of a single component of a multicomponent invention for manufacture abroad gives rise to liability under Section 271(f)(1) of the Patent Act, which prohibits the supply from the United States of “all or a substantial portion of the components of...

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Patent News Grab–Bag

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Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

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Brann & Isaacson Files U.S. Supreme Court Brief In Major Patent Case

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Partners Peter Brann, David Swetnam-Burland, and Stacy Stitham filed an amicus curiae brief on behalf of 48 Internet companies, retailers, and associations in the U.S. Supreme Court, urging the Court to reiterate its narrow interpretation of the patent venue statute in order to stop forum shopping by patent trolls and others. Underscoring the importance of this...

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What Happens In East Texas Definitely Doesn’t Stay There

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This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

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Eisenstein Gives Presentation Before the ABA State and Local Tax Committee

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On January 20, 2017, Martin Eisenstein gave a presentation before the semi-annual meeting of the State and Local Tax subcommittee of the American Bar Association.  Eisenstein spoke about  “factor presence” (otherwise known as economic presence) as a basis asserted by various states for imposition of sales and use tax collection responsibilities and various business taxes,...

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Changing of the Guard

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Law360 and Crain’s Chicago Business are reporting that the infamous Niro Law Firm is dissolving, following the recent death of its founder, Ray Niro. For a time, the Niro name caused consternation to retailers receiving cease & desist letters on  patent claims, as the firm made a name for itself by aggressively suing on behalf...

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Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

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We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in...

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