The flood of software patents has created an environment where companies are afraid that innovation leads to being hit
by patent lawsuits.
The flood of software patents has created an environment where companies are afraid that innovation and growth leads to being hit
by patent lawsuits.
The case including the most lawyers from Chambers» list over the previous 2 terms was the patent case Oil States Energy Services v. Greene's Energy Group Although Oil States has actually not gotten as much protection in the popular press as other cases like Masterpiece Cakeshop v. Colorado Civil Rights Commission, the possible effects of this judgment for numerous organisations produced big stakes for effective entities impacted
by patent lawsuits.
The case including the most lawyers from Chambers» list over the previous 2 terms was the patent case Oil States Energy Services v. Greene's Energy Group Although Oil States has actually not gotten as much protection in the popular press as other cases like Masterpiece Cakeshop v. Colorado Civil Rights Commission, the possible effects of this judgment for numerous services developed big stakes for effective entities impacted
by patent lawsuits.
Not exact matches
Hydrogen truck startup Nikola Motor has hit Tesla (tsla) with a $ 2 billion
patent infringement
lawsuit that accuses the company run
by CEO Elon Musk of stealing certain aspects of its semi truck design.
The
lawsuits from Huawei have also arrived just as it seemed that the smartphone
patent wars, kicked off
by the late Apple CEO Steve Jobs in 2010, were finally winding down.
One
patent cited in the
lawsuit, for example, improves the rate of data flowing to a phone
by reducing the amount of information the phone must communicate to a cellular base station.
A report last month from the U.S. Government Accountability Office found that between 2007 and 2011 the «number of overall defendants in
patent infringement
lawsuits increased
by about 129 percent.»
If a business does come under attack
by a troll threatening a
lawsuit over potential
patent infringement, the business owner needs a less costly way to fight back.
As the New York Times reported in late August, it may be easier for Apple to go after phone makers in
lawsuits, because damages can be determined
by the number of phones a company sold that were made using infringed
patents.
Apple is trying to expand an existing California
lawsuit against Samsung
by adding on
patent infringement claims, trying to ensnare both Samsung's Galaxy Note 10.1 and Google's Android 4.1 operating system, called Jelly Bean.
Tesla is being sued
by Nikola Motor, which makes hydrogen - powered semi-trucks, in a
lawsuit alleging design
patent infringements.
, became interested in the issue after talking to the CEO of a small firm in his district, who told him that the firm's growth had been stunted
by the costs of defending against
patent lawsuits.
They found that when
lawsuits were not dismissed, firms reduced their R&D spending
by $ 211 million and reduced their
patenting significantly in subsequent years.
An Indian generic drug company on Monday urged a federal appeals court to reconsider a recent decision that revived a
patent infringement case against Google LLC, saying the ruling could spur «vexatious
lawsuits»
by makers of brand - name pharmaceutical products.
Patent lawsuits are stifling innovation at the highest levels (see: Apple, Google) all the way down to tiny, potentially high - growth software startups
by forcing business owners, particularly in the technology space, to spend excessive sums of money to defend their products.
The company has a background and history that most of us do not wish to support, including but not limited to a criminal background for most of the executives (fraud, etc...) and a currently ongoing
lawsuit for fraud and another for
patent infringement, plus a
lawsuit by the original founder against one of their lawyers.
The court upheld a
lawsuit filed
by Classen Immunotherapies of Baltimore, Maryland, against four biotechnology companies and a medical group, for infringing on a
patent that covered the idea of trying to link infant vaccination with later immune disorders.
Harming society In a study released on 19 September, Bessen and his co-authors estimate that
patent lawsuits filed
by trolls, also known as «non-practicing entities» (NPEs), caused defendants to lose more than US$ 500 billion in value from 1990 to 2010.
Backed
by many geneticists and medical groups, the advocates sought to have Myriad's
patents invalidated so that any lab could test without fear of a
lawsuit for BRCA genes linked to breast and ovarian cancer.
The ruling follows a
lawsuit brought
by a group of patients and scientists represented
by the American Civil Liberties Union and the Public
Patent Foundation (PUBPAT) and calls into question the validity of
patents now held on approximately 4,000 human genes.
It has been going on for over a year and finally the
lawsuit brought against Barnes and Noble
by Spring Design for
patent and intellectual property violations has been settled once and for all!
In January 2013 CopyTele (CTI) filed a
lawsuit against E Ink Holdings, alleging an elaborate scheme to steal valuable,
patented electrophoretic display technologies developed
by CopyTele.
In January 2013 CTI filed a
lawsuit against E Ink Holdings, alleging an elaborate scheme to steal valuable,
patented electrophoretic display technologies developed
by CopyTele.
A union of companies led
by Google, as well as Apple on its own, have filed motions to dismiss a sweeping
patent lawsuit launched against them
by Microsoft co-founder Paul Allen's Interval Licensing.
Agents need to be mindful that if they have knowledge of a defect,
patent (obvious) or latent (hidden), this information needs to be «disclosed» in the actual listing; the listing agent needs to draw to the attention of his seller, making the seller aware that his agent «knows,» whatever he knows, or surmises, has seen with his own eyes, or has been made aware
by his seller — sometimes surreptitiously, (
by agent's putting the information confirmation in writing and has advised the seller the need for disclosing), directing his seller to get «fix - it» quotes, repair before going to market, or offer a rebate to his buyer for the dollar amount involved, and advise the seller that this information if known
by his agent, or
by the seller, «must» be disclosed in some manner, in writing, so as to prevent the seller and all the agents involved (including «team members), both buying and selling sides, from
lawsuits, or possible resultant non-closing of transactions, not just even non-removal of conditions, (failing which clauses, conditional clauses — condition precedent, not condition subsequent — self destruct) during which lag time the subject property is theoretically off the market wasting valuable market time, which could prove especially financially disastrous in any sort of turbulent down - turning market.
However, Sony was in the midst of appealing a decision from a 2004
lawsuit involving
patent infringement claimed
by Immersion.
Capcom has just filed a
lawsuit against Koei Tecmo, alleging that several key Capcom
patents have been infringed upon
by Koei Tecmo.
The
lawsuit defendant, trademark filing service Trademark Engine, filed a sanctions motion and sought dismissal of the antitrust suit filed
by the
patent and trademark law firm LegalForce RAPC, Law360 reports in stories here and here.
Personal Audio has filed
lawsuits against several podcasters and media companies, claiming
patent infringement
by popular programs such as NBC's The Adam Carolla Show and
by CBS for its podcast distribution of multiple shows including The Voice and Meet the Press.
For example, if Google can't defend itself successfully against one
patent held
by a little non-practicing entity from Texas, what does this mean for Oracle's
lawsuit over seven virtual machine
patents?
Its Android mobile software has attracted a
lawsuit from Oracle, while handset makers using the software have also been sued
by both Apple and Microsoft, which claims an existing, perpetual license to Nortel
patents.
Mr. Duan explained that design
patent litigation isn't nearly as widespread as software
patent litigation, but depending on what happens in Apple v. Samsung and other design
patent damages cases, design
patents could give rise to many
lawsuits by patent trolls in the not too distant future.
(Somehow,
by the way, Asman is also suing the Electronic Frontier Foundation (in a separate
lawsuit) on behalf of Scott Horstemeyer, apparently because EFF hurt Horstemeyer's feelings
by calling his
patent stupid.
Findings
by the
Patent Trial and Appeal Board that a number of seismic streamer patents belonging to WesternGeco LLC were unpatentable and that inter partes review petitions filed in response to a pending patent infringement lawsuit filed by WesternGeco against Petroleum GeoServices, Inc. were not time barred have been upheld by the U.S. Court of Appeals for the Federal Ci
Patent Trial and Appeal Board that a number of seismic streamer
patents belonging to WesternGeco LLC were unpatentable and that inter partes review petitions filed in response to a pending
patent infringement lawsuit filed by WesternGeco against Petroleum GeoServices, Inc. were not time barred have been upheld by the U.S. Court of Appeals for the Federal Ci
patent infringement
lawsuit filed
by WesternGeco against Petroleum GeoServices, Inc. were not time barred have been upheld
by the U.S. Court of Appeals for the Federal Circuit.
Most new
patent cases were filed
by ten plaintiffs that purchase
patents — not to commercialize them — but to file
lawsuits against companies that make use of these so - called inventions.
To summarize, Yummie Tummie sends a letter claiming design
patent infringement, Spanx responds saying we don't infringe, the parties talk a few times
by phone where Yummie Tummie continues to say that Spanx does infringe and Spanx decides to file a
lawsuit for declaratory relief to prove they don't.
In his closing remarks, Representative Issa — who owns 37
patents from his days as an entrepreneur — discussed the Innovation Act, a bill intended to cut down on
lawsuits brought
by patent trolls.
Relying on Lex Machina's data, the GAO's analysis of a representative sample of 500
lawsuits from 2007 to 2011 concluded that the number of overall defendants in
patent infringement
lawsuits increased
by about 129 percent over this period.
PricewaterhouseCoopers found that two - thirds of all
patent infringement
lawsuits are filed
by PAEs — 28 percent higher than five years ago (though changes in joinder rules contained in the America Invents Act in September 2011 likely account for much of this increase).
The country's two most popular phone makers, Apple (AAPL) and Samsung, are still getting smacked
by dozens of
lawsuits from so - called «
patent trolls,» which are shell companies that make no products.
In addition, GAO's detailed analysis of a representative sample of 500
lawsuits from 2007 to 2011 shows that the number of overall defendants in
patent infringement
lawsuits increased
by about 129 percent over this period.
Third, several stakeholders said that the recognition
by companies that
patents are a more valuable asset than once assumed may have contributed to recent
patent infringement
lawsuits.
There's a derogatory term in Silicon Valley for companies that amass huge troves of
patents and make money
by threatening
lawsuits: «
patent trolls.»
One of the newest such bullets in the clip is a Demand Letter Analytics Tool now being offered
by legal analytics outfit Lex Machina, available from the list of third - party tools mentioned in the United States
Patent and Trademark Office's toolkit for how to respond to demand letters or
lawsuits.
This leaves businesses being targeted
by these often groundless and costly «
patent troll»
lawsuits without any safety net, essentially forcing them to settle.
Some stakeholders GAO interviewed said that the increase in 2011 was most likely influenced
by the anticipation of changes in the 2011 Leahy - Smith America Invents Act (AIA), which made several significant changes to the U.S.
patent system, including limiting the number of defendants in a
lawsuit, causing some plaintiffs that would have previously filed a single
lawsuit with multiple defendants to break the
lawsuit into multiple
lawsuits.
Legal commentators, technology companies, Congress, and others have raised questions about
patent infringement
lawsuits by entities that own
patents but do not make products.
From 2000 to 2010, the number of
patent infringement
lawsuits in the federal courts fluctuated slightly, and from 2010 to 2011, the number of such
lawsuits increased
by about a third.
Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a
lawsuit alleging
patent infringement against you in the first instance, and you respond
by filing a
patent infringement counterclaim in that
lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim.