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IP Wise

Making Business Wise About Intellectual Property Litigation

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Judge Doubles Attorneys’ Fees In Patent Case

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We wrote in June about the case of Lumen View Technology v. Findthebest, in which Judge Cote of the Southern District of New York awarded attorneys’ fees to FindtheBest under the new standard announced by the Supreme Court in its 2014 opinions in Octane Fitness and Highmark, after Findthebest successfully proved the invalidity of Lumen...

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Solicitor General on Induced Infringement; Federal Circuit on Domestic Infringement

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A quick recap of two notable developments in the patent law arena this week: At the invitation of the Supreme Court, the Solicitor General has filed a brief for the Government in Commil USA v. Cisco Systems, urging the high court to hear the case. In Commil, the Federal Circuit Court of Appeals determined that...

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Hidden Litigation Costs Uncovered, Recovered

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Tucked away in 28 U.S.C. § 1920 is a provision allowing the prevailing party to be awarded litigation costs including “[f]ees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case.” Making copies has traditionally meant just that – the costs of photocopying. But,...

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Supreme Court Uncertain On Claim Construction Standard

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The Supreme Court’s new term got off to a hot start in the patent field with Teva Pharmaceuticals v. Sandoz. At oral argument on October 15, 2014, the justices wrestled with themselves and each other over how to weigh competing interests and rules in a case that could, depending on the outcome, change patent litigation...

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September Surprise? Patent Lawsuits Down 40%

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According to data from Lex Machina, 548 new patent infringement lawsuits were filed in September 2013. This September? 329. That is a 40% decrease from last September to this. Moreover, as Timothy B. Lee of Vox highlights, there has been a steady decline in patent infringement filings over this summer from 416 in July to...

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Acacia Subsidiary Hit For $1.4 Million in Attorneys’ Fees

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A Delaware federal court has awarded just under $1.4 million in attorneys’ fees to NetApp, Inc., in a patent lawsuit filed by Summit Data Systems. (Hat Tip: the invaluable Docket Navigator) In a recently unsealed order, the court found Summit’s pursuit of its claim against NetApp to be “exceptional” under the rule announced by the...

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Alice Strikes Again; Unified Patents Strikes Back

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Two newsworthy items hit our radar this week: Judge George H. Wu of the Central District of California has issued another ruling under Alice v. CLS Bank, this time concluding that patent claims to a method for automatically animating lip synchronization and facial expression for animated characters were patent–ineligible. Once again, he made that ruling...

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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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