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IP Wise

Making Business Wise About Intellectual Property Litigation

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PTO Endorses Patent Reform; Inspector General Questions Patent Quality Control

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News of note from both ends of the patent litigation spectrum: The Patent and Trademark Office voiced general support for Congressional efforts to reform abusive patent litigation practices, while the Office of the Inspector General found the PTO lacking in its quality control measures for ensuring the issuance of high–quality patents. The juxtaposition is striking...

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Patent Profiting

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With a tip of the hat to IP Watchdog for alerting us to a new, novel, and controversial way to make a quick buck on patents. As reported by the Wall Street Journal, hedge fund manager Kyle Bass — with the help of Erich Spangenberg, formerly known as the patent troll that everyone loved to...

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Getting its Due

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As we’ve mentioned in the past, the U.S. Copyright Office is the redheaded stepchild of intellectual property protection. Unlike the U.S. Patent & Trademark Office – a federal agency in its own right, albeit one with somewhat strained resources – the U.S. Copyright Office operates under the aegis of the Library of Congress. Which is...

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No Welcome Mat for Alice in East Texas After All?

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A month ago, we highlighted the case of Clear With Computers v. Volvo Construction Equipment, in which Judge Gilstrap of the Eastern District of Texas granted a defense motion to dismiss for lack of patentable subject matter. We saw the application of Alice v. CLS Bank in a ruling on an early dispositive motion in...

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Likelihood of Confusion in a War on Two Fronts

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The Supreme Court issued an opinion in a trademark case the other day with interesting implications for those of you who defend – or defend against – trademark portfolios. The case, B&B Hardware v. Hargis Industries, involved a trademark opposition running tandem with a trademark infringement lawsuit over a square off between the marks SEALTITE and...

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The Cares of In-House Counsel

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The latest annual survey of chief legal officers by the Association of Corporate Counsel, which came out last month, provides interesting insight into the topics that keep in-house counsel on their toes. Perhaps unsurprisingly, data breaches and protection of corporate data made the list – with more than a quarter of the respondents reporting that...

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The Alice Penny Drops In East Texas

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As we wrote last month, the early stats suggest that Alice v. CLS Bank has changed the landscape of patent litigation, with a 69% win rate for accused infringers on motions seeking a judgment that an asserted patent is not directed to patentable subject matter. One of the bigger open questions is what reception Alice...

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Supreme Court To Decide If You Have To Know You Are Inducing Patent Infringement To Knowingly Induce Patent Infringement

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At the end of this month, the Supreme Court will hear oral argument in its next big patent case, Commil v. Cisco. The question for decision relates to induced patent infringement, and whether an accused infringer who believes in good faith that the patent asserted against it is invalid can rely on that belief to...

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East Texas Jury Awards $533 Million In Damages In Apple iTunes Patent Suit

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The mega–verdict is back. Patent–assertion entity Smartflash LLC has been awarded $533 million in damages by an east Texas jury in a lawsuit it filed against Apple accusing iTunes of infringing three of its patents. As reported by Reuters, the jury deliberated for eight hours before imposing the half–billion dollar verdict against Apple for willful...

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Patent Reform Rises Again, As Do Arguments About It

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On Monday, the CEOs of Cisco and J.C. Penney published an opinion piece in the Wall Street Journal (subscription required) under the eye–grabbing title, “Stopping the Economy–Sapping Patent Trolls.” In it, John Chambers and Myron Ullman voiced their support for the reintroduction by Rep. Robert Goodlatte of Virginia of the Innovation Act. As we wrote...

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