IP Wise

The Genericide of Google?

If you’ve ever referred to any pain relieving drug as an “aspirin,” asked for a Kleenex when seeking any form of handheld tissue, or interchanged the terms “photocopy” with “Xerox,” you have an inkling of the dangers that may result when a product or service becomes so successful that it jeopardizes its own trademark protection....

Patent Points to Ponder

The Supreme Court recently decided the Federal Circuit was incorrect in concluding that the supply of a single component of a multicomponent invention for manufacture abroad gives rise to liability under Section 271(f)(1) of the Patent Act, which prohibits the supply from the United States of “all or a substantial portion of the components of...

Patent News Grab–Bag

Some news of note for this Valentine’s Day week: N.D. Cal. Orders Early Damages Disclosures: The U.S. District Court for the Northern District of California has amended its local patent rules to require the parties to (1) provide the court with a good–faith (non–binding) estimate of the damages range expected for the case at the...

Brann & Isaacson Files U.S. Supreme Court Brief In Major Patent Case

Partners Peter Brann, David Swetnam-Burland, and Stacy Stitham filed an amicus curiae brief on behalf of 48 Internet companies, retailers, and associations in the U.S. Supreme Court, urging the Court to reiterate its narrow interpretation of the patent venue statute in order to stop forum shopping by patent trolls and others. Underscoring the importance of this...

What Happens In East Texas Definitely Doesn’t Stay There

This week has witnessed once again the oversized impact the Eastern District of Texas has in patent litigation—after all, that district was home to 44.2% of all patent cases filed in 2015 and 35.4% of all patent cases filed in 2016, with Judge Rodney Gilstrap presiding over an astounding one–quarter of all patent cases filed...

Changing of the Guard

Law360 and Crain’s Chicago Business are reporting that the infamous Niro Law Firm is dissolving, following the recent death of its founder, Ray Niro. For a time, the Niro name caused consternation to retailers receiving cease & desist letters on  patent claims, as the firm made a name for itself by aggressively suing on behalf...

Patent Trolls Still Can’t Find A Way Through Alice’s Looking Glass

We (and others) have written frequently and at length about the impact of Alice v. CLS Bank on patent litigation—how the test set out in that case has enabled litigants and courts to obtain an early determination of whether a patent claims a viable invention or just an abstract idea. Parties who assert patents in...

The Platform of Patent Infringement?

A little over a year ago, Judge Martinez of the Western District of Washington adopted an advisory jury verdict finding that Amazon.com Inc. did not “offer to sell” several third party pillowcases available for purchase through Amazon.com which allegedly infringed certain design patents. As is often the case with legal questions, the issue was just...

En Banc Federal Circuit To Decide What To Decide In Inter Partes Review Appeals

Welcome, dear readers, to 2017. While we left 2016 with the potentially explosive news that the Supreme Court may be poised to eliminate the forum shopping that feeds patent troll litigation, we begin the new year with a Federal Circuit decision to review a small problem with the review of decisions by the Patent Office...

Supreme Court May Take Its Chance To End Forum Shopping

Before closing up shop for the holidays, the Supreme Court issued a short order which, among other things, granted the cert. petition filed in TC Heartland LLC v. Kraft Foods Group Brands, LLC. By taking this case, the Court has given hope to those of us concerned about forum shopping, and the over–concentration of patent...