In 1982, Congress created the Federal Circuit and gave it jurisdiction
over all patent cases.
Google's motion cites the relevant paragraph that establishes the Federal Circuit's US - wide jurisdiction
over patent cases, 28 U.S.C. 1295 (a)(1):
Not exact matches
Her monogrammed,
patent - leather briefcase — designer, of course — contains just the basic tools of the trade: smartphone, tablet and chic little clutch in
case today's meeting spills
over into cocktail hour.
There were 3,400 legal defenses mounted by small businesses in 2011 for
patent cases, a 32 % increase
over the prior year, according to research paper from 2012 by Boston University law professors James Bessen and Michael J. Meurer.
In O'Connor's
case, FindTheBest was notified that it is being sued for $ 50,000
over a
patent for a «system and method for facilitating bilateral and multilateral decision - making.»
In October, the iPad maker lost an appeal against Samsung in a U.K.
case over design
patents.
Canada's Research In Motion (RIM) has lost a contract dispute
over the use of Nokia
patents in a
case which could halt sales of its BlackBerry phones if it does not reach a deal to pay royalties to the Finnish company.
Over the past decade, nearly 40 percent of all
patent cases in the U.S. have been filed in Marshall and Tyler, Texas, two places known for their plaintiff - friendly decisions and sky - high court costs.
I was also very lucky to arrange a week's work experience at a firm in London where I was given
patent applications to review and infringement
cases to look
over.
Eli Lilly takes a win
over generic challenger Actavis as London court rules in its favor in a
patent case involving lung cancer drug Alimta.
Apple may have won quite a few back to back court battles
over patent infringement
cases, but has had a «minor» setback in China.
Also, given Samsung's recent spate of court battles with Apple
over cases of infringement of the iPad's design
patents, the Samsung design team will work doubly hard to ensure their next tablet is discussed more in tech circles and markets than various courts the world
over.
For a re-cap, a court in the US had ordered Samsung to pay
over $ 1 billion in the
patent dispute
case after the jury was convinced by Apple's claims of Samsung having copied the look and feel of popular Apple products, which includes the iPhone and iPad.
Samsung ended up losing the court
case and was order to pay just
over $ 1 Billion for a number of different
patent infringements.
BlackBerry on Monday issued a press release announcing that the company has reached to an agreement with Typo
over its keyboard
patent infringement
case.
Over the past few years the pharmaceutical marketplace has seen an increase in
patent «re-litigation» (where a patentee is involved in a second
case against another generic).
The Court noted that although enhanced damage awards are discretionary, they must be consistent with a pattern laid out in
over 180 years of
case law under the
Patent Act and earlier statutes.
The way litigation in general works in the U.S. (such as the «American Rule» of no recovery of legal fees except under narrow circumstances) creates some opportunities for trolls, but with respect to the two concerns of this coalition of tech companies
over the UPC, the German framework — which, again, would affect the whole of Europe based on the proposed rules of procedure — has terrible shortcomings in areas in which defendants in U.S.
patent cases are actually in better shape.
On Friday, it didn't take long (after this blog was first to highlight the issue because I had been following the «Posner
case» in detail
over the years) before the appeals court ruling affirming Judge Posner's claim construction of the» 647
patent was discussed everywhere, and that was good.
It asked the court to tell the jury about that interpretation of the
patent (which will now finally happen, tomorrow, as a result of the Federal Circuit decision), and it wanted to point to Apple's own 60 - cent - per - device damages claim
over this
patent in the Motorola
case.
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.
But elsewhere in February, federal judges in two states slapped separate Medtronic divisions with huge attorneys» fees awards
over their litigation tactics in
patent cases — one in Massachusetts for $ 10 million - plus and another in Colorado expected to total several million dollars.
The
case — AstraZeneca Canada Inc. et al. v. Apotex Inc. et al. — pitted two drug companies against each other
over a
patent.
A fellow in the American College of Trial Lawyers, he litigated well
over 30
patent cases and tried 10 of those
cases to verdict.
The escalating
patent battle between shapewear makers Spanx and Yummie Tummie
over body - slimming camisoles has sparked discussion about what it and similar
cases may mean for the future of design
patents in the fashion industry.
The BSA and the four professors argue that Judge Posner's ruling is perfectly consistent with eBay and explain why injunctions
over FRAND - pledged standard - essential
patents (SEPs) in most
cases must be denied as such requests fail to satisfy the eBay criteria.
«Reining in Remedies in
Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid j
Patent Litigation: Three (Increasingly Immodest) Proposals» proposes that injunctions be unavailable
over FRAND - pledged SEPs, advocates apportionment of the disgorgement of an infringer's profits that a design
patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S. patent cases» it might be preferable to avoid j
patent holder can seek (this approach would have taken care of a substantial part of the damages issue in Apple v. Samsung, for example), and finally — which is the most ambitious part but makes a lot of sense to me — elaborates in the form of a «thought experiment» on an idea Judge Posner tossed out a few month ago: for a «wide swath of U.S.
patent cases» it might be preferable to avoid j
patent cases» it might be preferable to avoid juries.
The decision halts a 27 - year old expansion of venue in
patent cases which began in 1990 when an appellate court expanded venue from a corporation's state of incorporation to any district where personal jurisdiction could be established
over the alleged infringer.
While their music will live on forever, the 27 year old run of forum shopping in
patent cases is likely
over.
That question was answered by the Federal Court in Drexan Energy Systems Inc. v. Canada (Commissioner of
Patents) 2014 FC 887, a
case where four people worked together on the problem of pipes freezing without heat tracing products and produced a new type of heating cable they believed improved
over existing products.
This was the sole remaining
patent in the ITC
case, and a U. S. import ban could have given Google some leverage
over Apple.
The
case was successfully settled shortly after Mr. Randall obtained an expert report from the author of several key prior art references and damaging testimony from the inventors concerning the patentability of the asserted
patent over that prior art.
Over the years, this has included
cases involving
patents, trademarks, copyrights and other intellectual property, oil and gas, environmental, antitrust, insurance coverage issues, and other contract and general business issues.
Partner responsible at trial for Lending Tree's infringement and validity
case in its
patent infringement lawsuit against Zillow, Adchemy and NexTag
over a method for generating on - line mortgage leads.
The court's ruling will help to curtail lengthy litigation
over jurisdictional issues in
cases where
patent counterclaims that form the basis for removal fail to present a justiciable Article III
case or controversy.»
«Supreme Court justices appeared reluctant Tuesday to decide a key
patent law
case in a way that would, as one justice put it, establish «monopolies in this country beyond belief»
over naturally occurring phenomena.
He says if someone were to file a
case over not being able to
patent a cannabis plant, though, that could drive change by forcing the court to rule on the issue.
I recently obtained a copy of the preliminary ruling on the photo gallery
patent, and in a parallel matter the court allowed me,
over Samsung's objections, to read Apple's sur - reply (from the infringement proceedings) in the infringement
case over Samsung's smiley input method
patent.
Rather, as the Supreme Court has explained in a series of decisions
over the past decade, the rule in
patent cases should be the same as in any other sort of litigation — in this
case, the equitable doctrine of laches may not be used by accused infringers as a defense because there is a statute of limitations present to limit claims.
We have litigated
over 250
patent cases in the past two years, with achievements that include outright wins on motions to dismiss, summary judgments, bench and jury trials.
Design
patent remedies, injunctive relief, partial summary judgment
over invalidated
patents, the royalty base (a context in which I hope Apple will defeat Ericsson because it will discourage outsized royalty claims
over standard - essential
patents), and possibly some procedural issues concerning the interplay of infringement
cases and FRAND contract
cases in different venues.
That's clearly a much more critical view of (software)
patents than merely supporting the philosophy of Justice Kennedy in the eBay
case that injunctions
over minor features would give
patent holders undue leverage.
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 GAO turned to Lex Machina's extensive data set on
patent cases to carry out the study and to illuminate the role that these NPEs have played
over the last five years.
If a defendant in a
patent case advocates a broad claim construction, the agenda is, as it is in this
case, invalidation: for a broad
patent it's easier to find prior art, or to argue obviousness
over prior art.
Although only responsible for about a fifth of
patent cases over the same period, NPEs, the report concluded, accounted for about half of the overall increase in defendants.
In that post I expressed hopes that Samsung would take the design
patent issues in that
case to the Supreme Court, and a filing made by Samsung with the Federal Circuit on Wednesday (a motion to stay execution of a mandate, i.e., to prevent Apple from physically collecting money before the
case is really
over) now states clearly that this will happen (this post continues below the document):
After the Federal Circuit affirmed (right before the 2014 trial) Judge Posner's claim construction, it was crystal clear to me that Apple no longer had a
case over that
patent.
And ever since the Supreme Court's Markman ruling in 1996 finding that claim construction — the interpretation of the words of a
patent claim — is a task given
over to the judge, it has been more important than ever for judges to get a solid working knowledge of the subject matter of a
case.
Represented client in
patent infringement
case, recovering
over $ 10 million for the United States» infringement of client's mine detection
patent