It’s PTAB Week At The Federal Circuit

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In a pair of decisions issued this week, the Federal Circuit has opined on the scope and limits of two kinds of administrative challenges to the validity of issued patents that can be filed with the Patent Trial and Appeals Board (PTAB), the administrative tribunal set up to decide such issues. Although the devil may...

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Independence Day Round–Up

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A post–4th–of–July review of recent developments in patent litigation: Supreme Court declares independence from patent cases. As the Supreme Court closed out a memorable 2014 term, we note that the Court has not accepted any patent cases for its 2015 term. Although there are a few cert. petitions percolating, it appears that patent law will...

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Niro and Spangenberg Leaving the Patent Troll Field?

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Joe Mullin at Ars Technica writes that two figures prominently associated with the patent troll phenemonen—Ray Niro and Erich Spangenberg—are eyeing the exits of the litigation field they helped create. Facing a potential fee award of several million dollars to HTC in one case, Niro recently declared the stand–alone patent case “dead on arrival,” citing...

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Alice Needs A Judicial Visa To Enter East Texas

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East Texas continues to stand out among federal judicial districts for its (contrarian) approach to patent cases. Where the judges in other judicial districts have found the Supreme Court opinion in Alice v. CLS Bank a useful tool to use early in cases to weed out patents that shouldn’t have been granted—you can see a...

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Atlanta Attorney Withdraws Defamation Suit Against Electronic Frontier Foundation

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It has been an eventful ten days or so for Atlanta attorney Scott Horstemeyer. On May 26, through counsel Sanford Asman, Horstemeyer, filed a defamation lawsuit against the Electronic Frontier Foundation for identifying U.S. Patent No. 9,013,334 as its “Stupid Patent of the Month” on April 30. Mr. Horstemeyer is the named inventor of that...

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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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