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IP Wise

Making Business Wise About Intellectual Property Litigation

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Guidance through the Patent Eligibility Thicket

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As readers of our blog are well aware, the Supreme Court has certainly shaken matters up when it comes to patent eligibility, the “threshold” inquiry to test a patent’s mettle under Section 101 of the Patent Act. In particular, the Court’s recent opinion in Alice has proven to have implications as deep as the rabbit...

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Federal Circuit Chief Judge Sharon Prost Discusses New Post

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As reported in The Recorder (registration required), Chief Judge Sharon Prost of the Federal Circuit Court of Appeals talked about her sudden ascension to her new post at a conference on patent law held in northern California. Elevated to chief judge after former Chief Judge Rader resigned, Judge Prost suggested in a Q&A session that...

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Nebraska AG Hit With $725K Attorneys’ Fees Award In MPHJ Litigation

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The final shoe has dropped in the Nebraska lawsuit that pitted MPHJ Technology Investments and Activision TV (n/k/a ActiveLight) against outgoing Nebraska Attorney General Jon Bruning; and it has fallen on the AG. Recall that in 2013 Bruning sent a cease–and–desist letter to Activision TV’s counsel, Farney Daniels, demanding that the firm stop its patent...

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Uneasy Times For Patent Trolls?

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There is some evidence to suggest that we have reason to give thanks this season for the downward slide of the phenomenon of the non–practicing entity (NPE) a/k/a patent assertion entity (PAE) a/k/a patent troll. By any name, businesses that acquire patents for the purpose licensing and litigation are in the news, and not for...

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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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