September Surprise? Patent Lawsuits Down 40%

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According to data from Lex Machina, 548 new patent infringement lawsuits were filed in September 2013. This September? 329. That is a 40% decrease from last September to this. Moreover, as Timothy B. Lee of Vox highlights, there has been a steady decline in patent infringement filings over this summer from 416 in July to...

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Retroactively Speaking: Michigan Imposes Over $1 Billion In New Income Taxes Going Back to 2008

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The battle over income apportionment just took dramatic turn in Michigan, and the stakes could not be higher.  In July, the Supreme Court of Michigan ruled that IBM had a right to use a 3-factor apportionment formula for its 2008 tax year, despite the state’s insistence that the company was required to use a sales-factor...

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Form Reform Moves Forward

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Way back in 2012, we highlighted the problems caused by Form 18 of the Federal Rules of Civil Procedure, which provides a sample complaint for use in filing a patent infringement case. The main problem? The bare–bones form requires a patent–asserter to provide virtually no information about its claims to the defendant. And, under Federal...

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Total Eclipse of the Claims

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Alice was a busy girl Labor Day week. In the space of two days, the two month–old Supreme Court opinion was applied by district courts in California, Delaware, and Texas to grant dispositive motions finding patent claims patent–ineligible for claiming computer–implemented abstract ideas. Loyalty Conversion: Sitting by designation in the Eastern District of Texas, Judge...

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Patent Opinion Day: Supreme Court Twice Reverses Federal Circuit

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Two major patent cases were decided today by a unanimous Supreme Court in short, sharp opinions reversing the Federal Circuit Court of Appeals: In the closely–watched Limelight v. Akamai case, dealing with induced infringement of method claims, the high court reversed the Federal Circuit’s holding that a court could find induced infringement without direct infringement performed or...

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