By Dabney Carr
As we posted here ,
Judge Jackson granted Verizon a temporary stay of the permanent
injunction he entered in favor of ActiveVideo in return for Verizon's
payment of royalties for a six-month "sunset" period. Verizon...
By Dabney Carr
In a two-part decision in Heflin v. Coleman Music, Judge Doumar of the Eastern District of Virginia granted summary judgment of non-infringement to Coleman but dismissed Coleman's counterclaims of tortious interference and false...
By Dabney Carr
Earlier this month, the Federal Circuit granted a petition for mandamus and directed the District Court of Delaware to transfer venue of a patent infringement suit filed against Link_A_Media Devices to the Northern District of California...
Top Stories of 2011
2011 was perhaps the most significant year to date in terms of post
grant patent practice. The perennial legislative effort generally known
as "patent reform" finally bore fruit as the Leahy-Smith America Invents
Parallel Litigation Settles, Now What?
the vast majority of patent reexaminations now being conducted
concurrent to a district court or ITC proceeding, a common question of
Patentees is "what becomes of the patent reexamination once...
The iPhone's caller identification feature has placed Apple in
the cross-hairs of a Seattle-based patent assignee. Last month, Cequint Inc. filed
federal infringement claims against the software giant in Delaware federal
At issue are...
Ex Parte Patent Reexamination Practices Adjusted to Account for Estoppel
new estoppel provisions of Inter Partes Review (IPR) and Post Grant
Review (PGR) differ from the previous estoppel provisions of inter partes
patent reexamination in...
WASHINGTON, D.C. - (Mealey's) Federal
district courts deciding an adverse patentability ruling by the U.S. Patent and
Trademark Office (PTO) should apply a deferential standard of review, an
attorney for the U.S. government told the U.S. Supreme...
Troublesome Oath Requirements Revised
As anyone that has ever filed a patent reissue can attest, the
inconsistent application of oath requirements can be maddening. In fact,
the vast majority of patent reissue applications are delayed due to such...
By Fitch Even attorney Nada J. Ardeleanu
As reported earlier, the Leahy-Smith America
Invents Act has made several major changes to U.S. patent law. The U.S.
Patent and Trademark Office (USPTO) has begun to issue proposed rules
to comply with...
By Dabney Carr
If you thought passage of the America Invents Act would end the flood of false patent marking claims, think again. In
December, Judge Turk in the Western District of Virginia ruled that a
false marking plaintiff could proceed under...
Willfullness Determination Opens Door to Prejudice
One purpose for introducing evidence of an ongoing patent
reexamination in a parallel litigation is to avoid a post filing (i.e.,
complaint) willfulness determination. The existence of an ongoing...
From the United States Patent and Trademark Office: WASHINGTON - The United States Patent and Trademark
Office (USPTO) has submitted reports for two intellectual property law
studies required by the America Invents Act (AIA) to Congress. The
If all the lemmings
jumped off a cliff, would you follow? Some might, but not the NBA. Helferich
Patent Licensing, LLC (HPL) has acquired licenses from some very powerful
companies, including but not limited to:
By Dabney Carr
While the AIA bars the joinder of patent infringement claims against multiple defendants (discussed here ), there are still a few pre-AIA suits alleging that multiple defendants independently infringed the same patents. Judge Smith recently...
Winter 2012 - New Rules
Early 2012 is shaping up to be an exciting time for patent law, particularly for those focused on post grant patent practice.
USPTO -As to the new rule packages necessary to
implement the new post grant mechanisms of the...
New Mechanism to Cleanse Inequitable Conduct
Yesterday, the USPTO issued a Notice of Proposed Rule Making to outline the procedures for conducting supplemental examination ( here ). (See the earlier discussion on the related changes to patent reexamination...
From the US Patent and Trademark Office :
Public input will help the USPTO complete report in a quality manner
Washington - The
United States Patent and Trademark Office (USPTO) is gathering
information on genetic diagnostic testing for purposes...
I'm developing a
phobia of patents. Like germs, they're everywhere and often impossible to identify.
Take the Apple Store for instance. The products carry a microbial layer of
patent security, and unless you're a patent attorney or an inventor...
By Samuel J. Petuchowski , a member of our Patent Practice Group
Much patent discourse
during the last decade has been driven by the perceived vulnerability
of manufacturers to patent assertion by so-called "non-practicing
USPTO Fee Structure to Discourage Conduct?
It is expected that the rules to implement post-grant review (PGR), inter partes
review (IPR) and transitional business methods post-grant review (TBMP)
proceedings will be printed in the Federal Register...
Disclaimer Results in Reversal of $56 Million Dollar Damage Award
As previously discussed, the CAFC has agreed to reconsider Marine Polymer Technologies, Inc. v. HemCon, Inc. ( here ) en banc .
The Court will reconsider whether or not intervening...
By Robert Angle
January 26, 2012, Bear Creek Technologies, Inc. ("Bear Creek") filed a
Notice of Filing Motion for Multi-District Litigation pursuant to 28
U.S.C. § 1407, in Bear Creek Technologies, Inc. v. RCN Telecom Services...
There have been a few green patent complaints filed in the last several weeks in the areas of LEDs, solar power, and biofuels.
Fiber Optic Designs, Inc. v. Seasons 4, Inc.
Filed December 16, 2011 in the Eastern District of Pennsylvania...
Cost Burdens of Post Grant Proceedings Drive Increased Fee Determinations
As discussed last week, the USPTO is proposing a significant increase to the fee for ex parte patent reexamination (EXP). Likewise, the new supplemental examination (SE) fee...