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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Teva for Two: Federal Circuit Doubles Up On De Novo Review

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In Teva Pharmaceuticals v. Sandoz, the Supreme Court said that in patent cases, like any other civil case, the court of appeals must show deference to the trial court’s findings of fact, even if those findings relate to the legal issue of the proper construction of claim language in a patent. In reporting on that...

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Patent Reform Is Back…Alice Is Big…The PTO Is Unmasked

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…and, we’re back, with a post–hibernation blitz of patent news… Patent reform, it’s back too. Virginia Congressman Bob Goodlatte has reintroduced the patent reform bill that died in the Senate last year. The bill’s provisions are designed to pare back patent troll litigation. It would (1) require the plaintiff to identify the patent–owner before filing...

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Justice for Sale? Forum Selling In Patent Litigation

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A hat tip to Written Description for nicely summarizing two recent articles on “forum selling” i.e., courts consciously encouraging litigants to file cases in their district. “Forum selling” is the counterpart to “forum shopping,” the practice of plaintiffs filing suit in jurisdictions they deem more favorable to their claims. Of particular interest is the commentary...

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Court Sanctions Niro Patent Law Firm Millions In Fees

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The new year has not gotten off to a good start for well–known patent law firm Niro, Haller & Niro of Chicago. As reported by Law.com, the Niro firm is on the hook for millions of dollars in attorneys’ fees in a lawsuit it filed on behalf of Intellect Wireless against HTC. U.S. District Judge...

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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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