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IP Wise

Making Business Wise About Intellectual Property Litigation

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District of Maine Stays Patent Case Pending Appeal of Reexam Result

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In a case closer to home, U.S. District Judge Jon Levy has granted a motion filed by Microsoft to stay a patent infringement lawsuit filed against it by SurfCast, Inc., in which SurfCast has accused Microsoft’s Windows 8 tiles of patent infringement. (Full disclosure: we are co–counsel for Microsoft in the case.) As many patent...

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Federal Circuit Acknowledges That, Yes, Alice Did Change The Game

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The yo–yo of Ultramercial v. Hulu has come to rest at last, and should prove to any doubters that the Supreme Court’s Alice v. CLS Bank opinion has changed the patent litigation game. The Ultramercial case has been adrift in cross–currents between the Federal Circuit and the Supreme Court for years now. In 2010, the...

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The Insular World of Intellectual Property

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Even the global village has its cliques, as news from the Indian subcontinent and our nation’s capital reminds us. The Times of India reports today on a visit of representatives of the US–based Intellectual Property Owners’ Association with officials of the Intellectual Property Office, the Intellectual Property Appellate Board, and the Supreme Court of India....

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Good Enough For Patent Law, Good Enough For Copyright Law…

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Google copies Java’s method headers in its API for Android. Java’s creator, Sun Microsystems, is purchased by Oracle. Oracle sues Google for copyright infringement. (Admit it. That last bit didn’t surprise you). The district court finds that the API method headers aren’t protectable under copyright. The Federal Circuit reverses—Java API taxonomy is copyrightable as a...

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ITC Becomes House of Horrors For Respondent and Counsel

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Here’s a post–Halloween tale to chill the blood of any business accused of patent infringement and their outside litigation counsel, courtesy of Docket Navigator. On October 29, 2014, Administrative Law Judge Pender of the International Trade Commission issued a decision in which he found that the respondent, Organik Kimya of Turkey, had engaged in the...

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Go Ask Alice, When She’s Ten Feet Tall

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With apologies to Jefferson Airplane, the Supreme Court’s Alice v. CLS Bank opinion has grown dramatically in size and strength since it issued in June. In that time, the Federal Circuit and federal district courts from New York to California have decided twenty–two cases of which we are aware. Of those, eighteen have found the...

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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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