East Texas Jury Awards $533 Million In Damages In Apple iTunes Patent Suit

/ 0 Comments

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...

Read More
separator

Patent Reform Rises Again, As Do Arguments About It

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

…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...

Read More
separator

Justice for Sale? Forum Selling In Patent Litigation

/ 0 Comments

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...

Read More
separator

Court Sanctions Niro Patent Law Firm Millions In Fees

/ 0 Comments

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...

Read More
separator

Federal Circuit Chief Judge Sharon Prost Discusses New Post

/ 0 Comments

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...

Read More
separator

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

/ 0 Comments

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...

Read More
separator

Uneasy Times For Patent Trolls?

/ 0 Comments

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...

Read More
separator

District of Maine Stays Patent Case Pending Appeal of Reexam Result

/ 0 Comments

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...

Read More
separator