Supreme Court Sides With Patent–Asserter In Commil v. Cisco

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A divided Supreme Court held today in Commil v. Cisco that an accused infringer’s good–faith belief in the invalidity of a patent asserted against it is not a defense to an allegation of induced infringement. The opinion is a victory for the patent–assertion entity who sued Cisco, and another Supreme Court defeat for the Federal...

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Divided Federal Circuit Panel Tackles Divided Infringement (Again)

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In the week in which devoted fans await the final episode of the long–running TV drama, Mad Men, devoted Federal–Circuit watchers received the latest—but likely not the last—episode in the long–running drama of Akamai v. Limelight. This is the case that has not yet delivered on the promise of establishing with clarity when one party...

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Federal Circuit Reins In ITC On Domestic Industry

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It has been quite a while since we last talked about the International Trade Commission, the agency charged with protecting the United States from unfair trade practices—including intellectual property violations—in the importation of goods into the U.S. market. That is in part because the venue—with its complex rules and fast pace—appears no longer to be...

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Patent Litigation Reform Inches Forward (Yet Again)

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As reported in the New York Times and Wall Street Journal, the Senate has joined the House of Representatives in introducing legislation aimed at reforming patent litigation procedures to address the patent troll problem. The bill, introduced in a rare show of bi–partisanship by Senators Cornyn, (R., Tex.), Grassley (R., Iowa), Leahy (D., Vt.), and...

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Undermining The Ethical Wall In Patent Litigation

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With a tip of the hat to Docket Navigator, the following case out of the Eastern District of Wisconsin will raise the eyebrows of anyone who has been a defendant in one of a number of “serially–filed” patent infringement lawsuits—that is, dozens of cases filed against different defendants under the same patent by the same...

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John Oliver Explains Patent Trolls As Only He Can

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In eleven hilarious, yet informative, minutes, John Oliver gives patent trolls the Last Week Tonight satirical treatment:   //www.youtube.com/watch?v=3bxcc3SM_KA   Nuff said.  

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PTO Endorses Patent Reform; Inspector General Questions Patent Quality Control

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News of note from both ends of the patent litigation spectrum: The Patent and Trademark Office voiced general support for Congressional efforts to reform abusive patent litigation practices, while the Office of the Inspector General found the PTO lacking in its quality control measures for ensuring the issuance of high–quality patents. The juxtaposition is striking...

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No Welcome Mat for Alice in East Texas After All?

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A month ago, we highlighted the case of Clear With Computers v. Volvo Construction Equipment, in which Judge Gilstrap of the Eastern District of Texas granted a defense motion to dismiss for lack of patentable subject matter. We saw the application of Alice v. CLS Bank in a ruling on an early dispositive motion in...

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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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