btfitz_20140506_968_M

IP Wise

Making Business Wise About Intellectual Property Litigation

separator

Dance of the Districts

/ 0 Comments

Like our colleagues, we at IP Wise received LegalMetric’s latest email blast with patent–related statistics, and noted the striking fact that all six of the top judges (in terms of number of patent cases filed in 2011) were located either in Texas (Davis, Folsom, Gilstrap) or in Delaware (Sleet, Stark, Robinson). Each judge had over 100...

Read More
separator

Whose Line (Of Source Code) Is It Anyway?

/ 0 Comments

While almost every business relies on the Internet these days for commercial purposes—making sales, tracking orders, providing customer service—that does not mean that every business is in the business of software development. Most e–commerce source code, for example, is not home–grown, or at least not exclusively home grown. Once you’ve been sued for patent infringement...

Read More
separator

In re a Googolplex of Documents

/ 0 Comments

We’ve touched before on the topic of discovery. Like Thackeray’s Vanity Fair, the world of discovery is “not a moral place certainly; nor a merry one, though very noisy.” Often gear–grinding, particularly in an infringement case, and causing both in–house counsel and first–year associates to tremble with fear or collapse from boredom, discovery nonetheless can...

Read More
separator

Logically First, But Practically Never?

/ 0 Comments

The Patently–O blog draws our attention to an opinion of the Federal Circuit Court of Appeals in Dealertrack v. Huber that poses a big question about a big subject: patentable subject matter. Specifically, when should the court consider whether an issued patent is invalid because it does not claim patentable subject matter? That is, is...

Read More
separator

The Chain of Command for Complaints

/ 0 Comments

The Supreme Court’s twin decisions in Bell Atlantic v. Twombly and Ashcroft v. Iqbal have stirred up the pot of pleading standards in the years since their issuance. An irritation to every plaintiff’s lawyer, a touchstone to every defendant’s lawyer, Twombly and Iqbal heightened the level of detail required to state a valid claim. Just...

Read More
separator

Multi–Defendant Patent Litigation, or the Hydra–Headed Zombie

/ 0 Comments

Once upon a time—stop me if you’ve heard this one before—patent–owners could file lawsuits against dozens of unrelated defendants in the same lawsuit under the theory that allegedly infringing the same patent created common issues of law or fact among those defendants. That was true, at least, in a minority of federal district courts, which...

Read More
separator

When Washington Meets Wikipedia

/ 0 Comments

We briefly report on two intersecting developments in the world of IP this week: the Supreme Court’s affirmation of Congressional copyright authority on the one hand—and the take–it–to–the–Internet protest of the same by a who’s who of websites. Golan v. Holder. The Supreme Court recently affirmed a lower court ruling that the Copyright Clause of...

Read More
separator

How Many Cyber–Eviction Notices Do You Need To Evict Cyber–Squatters?

/ 0 Comments

Thanks to Congress, we now know that you can’t sue a bunch of unrelated defendants for patent infringement in the same case. The logic of that rule is that multiple defendants can be accused of infringing a patent without being accused of infringing that patent in the same way or under the same facts. Defendant...

Read More
separator

Not Dead Yet: False Marking Claims

/ 0 Comments

We’ve commented numerous times before about the rise—and fall—of so–called “false marking” claims, which, like the goddess Athena of Greek mythology, were born fully armed and fighting (following the Federal Circuit’s decision in Forest Group, Inc. v. Bon Tool Co. rapidly expanding the amount of damages which could be claimed by a party bringing suit),...

Read More
separator

Fact–Checking With the Supreme Court

/ 0 Comments

Congress has created a web of laws that connect the U.S. Patent and Trademark Office with the federal courts. Sometimes—arguably too often—this web is a tangled one, creating inconsistencies between what you can do and argue in the Patent Office and what you can do and argue in Court. For an example, see the full–throated...

Read More
separator