Freedom of Software Speech

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Intellectual Ventures is no stranger to filing appeals with the Federal Circuit when confronted with an unfavorable ruling at the district court level, though it may be kicking itself for having done so in its case against Symantec, where the Federal Circuit not only affirmed the district court’s decisions of ineligibility regarding two of the...

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Happy Birthday, Patent Reform

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Today marks the fifth anniversary of the Leahy-Smith America Invents Act, a comprehensive patent reform package that, depending on your vantage point, either went too far or not far enough. From a removal of half a decade, it appears that some of the AIA’s requirements have had little practical effect – for example, the fact...

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Permission Granted

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With a hat tip towards Law360 for noting that Judge Gilstrap may have quietly done away with his notorious “permission slip” requirement for filing a summary judgment motion. While previous docket control order templates required a party to submit a five-page letter brief seeking permission to file a summary judgment motion, the latest incarnation simply...

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Goodbye, Ruby Sands….

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In a short but scathing order, Judge Gilstrap sent frequent patent lawsuit flier Ruby Sands, LLC packing, in granting a motion to dismiss Ruby’s amended complaint on grounds that it “plainly fails to state a claim for relief that is plausible on its face.” The Court found that Ruby’s direct infringement pleadings “are constructed upon...

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The Results Are In: Patent Quality Can Improve

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The Government Accountability Office (GAO) released two reports on the Patent & Trademark Office (PTO) recently, including one on patent quality and clarity. As to such report, the GAO recommends that the PTO: Develop a consistent definition of patent quality, and clearly articulate this definition in agency documents and other guidance. Develop measurable, quantifiable goals...

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Too Little, Too Late?

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On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes (and issuing an exclusion order prohibiting the import of any shoes that infringe certain of Converse’s other trademarks). It is the former that is of particular interest here. Though Converse had...

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The Default Damages Regime

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Back in 2010, there was a boom in so-called “false marking” cases. The false marking statute, 35 U.S.C. § 292, had passed a relatively quiet existence since 1952, imposing a fine of $500 per offense for falsely marking a product as “patented,” “patent applied for” or “patent pending.” In 2009, the Federal Circuit concluded that...

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Ship Out

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ArrivalStar, now reborn as “Shipping and Transit LLC,” presumably to appear as though they had invented the concept of tracking moving objects, is one of the most prolific patent trolls around (and has been for years). Having run out of traditional targets, they’ve been willing to go after nontraditional entities such as municipalities and small...

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A Newly-Minted Cause of Action

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On its way to President Obama for signature is the Defend Trade Secrets Act (DTSA), passed yesterday by the House (and previously passed by the Senate), which amends the Economic Espionage Act to create a private civil cause of action for trade secret misappropriation. In effect, the DTSA creates a federal cause of action for...

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Down, Way Down in Texas

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Both Law360 and EDTexweblog are reporting a substantial drop in ED Texas patent filings for the first quarter of 2016, hovering around the 50% mark when compared to last year at the same time. Among other possibilities, speculation suggests that the eDekka invalidation order – and award of attorneys fees – might have dampened the...

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