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Patent Law

Philip Brooks’ Patent Infringement Updates

Patent litigation and related news.
By Philip Brooks

Post Frequency: 4.3/day

Last Entry: May 24, 2010 at 12:52:16

A Patent Litigation Cost Tool?

Posted on April 05, 2010
A reader wrote that they would be interested in seeing updated information on the costs of patent infringement litigation presented in my July 1, 2008 post. These costs were originally obtained from a Fox Rothschild presentation. While a quick search...

Court Denies Neutral Tandem's Preliminary Injunction Request

Posted on April 01, 2010
The following is excerpted from a March 31, 2010 Peerless Network Business Wire press release published at The Wall Street Journal's Market Watch: The US Federal Court in Chicago, Illinois has unconditionally denied Neutral Tandem's request for a preliminary injunction...

The Inane Ruling in the Gene Patents Case

Posted on March 31, 2010
The following is excerpted from Eric W. Guttag's March 30, 2010 post at IPWatchdog: A case which has recently drawn my ire is Association for Molecular Pathology v. USPTO which involves various patents obtained by Myriad Genetics (NASDAQ:MYGN) relating the...

McAndrews, Held & Malloy Attorney Offers Proposal To Streamline Inter Partes Reexamination Proceedings

Posted on March 30, 2010
The following is excerpted from a March 26, 2010 McAndrews, Held & Malloy press release: In a presentation to intellectual property law attorneys April 9, McAndrews, Held & Malloy shareholder Herb Hart will outline his proposal for streamlining and re-casting...

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Callaway Loses Bid for $246 Million Patent Damages

Posted on March 29, 2010
The following is excerpted from an article by Phil Milford and Jef Feeley of Bloomberg News in the March 29, 2010 San Diego Daily Transcript: Callaway Golf Co. (NYSE: ELY), the maker of Big Bertha golf clubs, lost a bid...

Bruce Berman Launches New Blog

Posted on March 26, 2010
On February 12, 2010, Bruce Berman launched the IP Insider as the IP insight, people and transactions blog. Some recent titles: BW (yawn? ) on Patent Trolls NPE Impact is Focus of PwC Study Acquistion Values CPA Global at $1.5B...

Pay-for-Delay Pharma Deals Not Banned

Posted on March 25, 2010
The following is excerpted from the March 24, 2010 post at BUSINESS Casual: The Financial Times reports that ?a proposal backed by President Barack Obama that would have banned multibillion-dollar deals between big pharmaceutical companies and their generic rivals was...

Document Security Systems' European Patent Validated

Posted on March 24, 2010
The following is excerpted from a March 24, 2010 Document Security Systems' press release published at PRNewswire: Document Security Systems, Inc. (NYSE AMEX: DMC) ("DSS"), a leader in proven, patented protection against counterfeiting and unauthorized copying, scanning and photo imaging,...

ITC Clears Nanya of Patent Infringement

Posted on March 23, 2010
The following is excerpted from a March 24, 2010 Taipei Times article by Lisa Wang: Nanya Technology Corp, the nation?s biggest computer memory chipmaker, yesterday won a patent case against US chip company LSI Corp after the US International Trade...

Appellate Judge Excludes Damages Theory from Patent Trial

Posted on March 08, 2010
The following is excerpted from a March 5, 2010 Morgan Lewis Intellectual Property Lawflash: As is known among many in the intellectual property field, Judge Randall R. Rader, of the U.S. Court of Appeals for the Federal Circuit, periodically takes...

TiVo Wins Court Ruling Against EchoStar; Stock Soars

Posted on March 05, 2010
The following is posted from Alex Pham's Technology blog published at the Los Angeles Times on March 4, 2010: TiVo's shares soared more than 53% after the company announced it had won a key ruling in federal court in a...

Patents Obviousness Over Same Prior Art Raised During Ex Parte Reexamination

Posted on March 04, 2010
The following is excerpted from a March 4, 2010 Harness Dickey news item regarding Media Technologies Licensing, LLC. v. Upper Deck Co., 2009-1022(Fed. Cir. Mar. 1, 2010): A divided Federal Circuit panel affirmed summary judgment that claims in Media Tech?s...

Will Apple's Patents Banish HTC Phones?

Posted on March 03, 2010
The following is excerpted from a March 3, 2010 blog post by Jared Newman at PCWorld: Weighing the potential outcomes of Apple's patent infringement lawsuit against HTC, several IP and patent lawyers say HTC's phones could be barred from the...

Supreme Court Reversal Rates: Evaluating the Federal Courts of Appeals

Posted on March 02, 2010
The ABA's Section of Intellectual Property Law is hosting the above-titled teleconference on March 18, 2010: The January/February 2010 issue of Landslide® magazine presented an empirical study of the U.S. Supreme Court?s dispositions of cases from the 13 U...

The Corporate Insider's Guide to U.S. Patent Practice

Posted on March 01, 2010
The above-titled book by Charles Macedo, frequent guest blogger at Philip Brooks' Patent Infringement Updates, is available at Oxford University Press: Description Given the growing importance of patents to businesses both in the United States and abroad, there is a...

Troll Busters

Posted on February 26, 2010
Put out a Hit! Yes, you, sitting on the fence, unsure if you want to take the plunge into the wacky world of patent reexaminations or (if Congress gets off its backside and passes patent reform) U.S. patent oppositions. Remember,...

Tentative US Patent Reform Pact Reached

Posted on February 25, 2010
The following is excerpted from a February 25, 2010 Reuters article by Diane Bartz: Leading U.S. lawmakers have reached a tentative agreement to reform the nation's patent system, according to Senator Patrick Leahy, chairman of the Judiciary Committee and a...

RPOST AND GOODMAIL SETTLE PATENT SUIT

Posted on February 23, 2010
LOS ANGELES, Calif. ? FEBRUARY 23, 2010 ?RPost announced today that RPost and Goodmail Systems have resolved the legal issues between them. RPost had brought suit against Goodmail alleging that Goodmail?s Paper Suppression? service, which promised proof of delivery for...

DOJ to Combat the Rise in Intellectual Property-Related Crimes

Posted on February 22, 2010
The following is excerpted from a February 16, 2010 Morgan Lewis litigation lawflash: On February 12, the U.S. Department of Justice (DOJ) announced the creation of an Intellectual Property Task Force (Task Force) to target domestic and international intellectual property...

PricewaterhouseCoopers Patent Litigation Study

Posted on February 19, 2010
The Patent litigation study provides an overview and analysis of trends in patent litigation. The Study also addresses issues regarding companies? patent positions, protection and enforcement strategies, and litigation tactics. 2009 Patent litigation study The debate over patent reform has...

Document Security Systems Initiates Patent Infringement Proceedings in The Hague

Posted on February 18, 2010
The following is excerpted from a Document Security Systems February 18, 2010 PR Newswire press release published by bizjournals: Document Security Systems, Inc. (NYSE /AMEX: DMC) ("DSS"), a world leader in the development and manufacturing of optical deterrent and authentication...

PRE Holding v. Monaghan - Dismissed Without Prejudice After Reexamination Granted

Posted on February 17, 2010
The following is excerpted from a February 1, 2010 post by Andrea Warmbier at the IP Litigation and The Rocket Docket blog: PRE Holding, Inc. v. Monaghan Medical Corporation was dismissed without prejudice pursuant to a Stipulated Order entered on...

Substantive Changes in Rule 26 on Track for Adoption in 2010

Posted on February 16, 2010
The following is excerpted from an article by Charles S. Fax, Litigation News Associate Editor, in the Winter 2010 print issue of the ABA Litigation News (public link to article appears defective, membership required to access): Four changes are proposed...

Wired!

Posted on February 15, 2010
The following is excerpted from the above-titled article by Jill Schachner Chanenerg from the print issue of the February 2010 issue of the ABA Journal: There?s a battle about to break out on your computer screen. On the third floor...

Federal Circuit Again Reins in Damages Award

Posted on February 12, 2010
The following is excerpted from a February 11, 2010 Morgan Lewis Intellectual Property Lawflash: Last fall, in its decision in Lucent v. Gateway, the Federal Circuit vacated a $357 million verdict, signaling to litigants and district court judges that ?speculation?...

Welcoming Eyes on IP to the Blogosphere

Posted on February 11, 2010
The Eyes on IP blog was launched on January 26, 2010 by Peter J. Brann, Stacy O. Stitham and David Swetnam-Burland, litigation attorneys with Brann & Isaacson: Copyright, trademark, and patent law come with their own languages, and reading about...

TecSec Files Patent Infringement Suit Against IBM, SAP, SUN, eBay, Adobe, Cisco, Oracle, and Others

Posted on February 10, 2010
The following is excerpted from a February 9, 2010 PR Newswire release found at U.S. Politics Today: Hunton & Williams LLP and DiNovo Price Ellwanger & Hardy LLP filed a patent infringement suit on behalf of client TecSec, Incorporated against...

PriorSmart Launches Patent and IP News Aggregator

Posted on February 09, 2010
On August 1, 2009 PriorSmart launched a patent and intellectual property news aggregator. The website includes active tweeting with 400 followers as of last week. The news page includes: USPTO Weekly stats Patent Litigations Top Patent Tweets Patent Blogs Let...

Judge's Opinion on Enhanced Damages, Prejudgment Interest and Costs in Krippelz v. Ford

Posted on February 08, 2010
In an update to my August 26, 2009 post on the Krippelz v. Ford, Judge James B. Zagel issued a November 18, 2009 Memorandum Opinion and Order in the Jacob Krippelz, Sr. v. Ford Motor Company case in the Eastern...

Woodshedding Witnesses

Posted on February 05, 2010
The ABA's Section of Litigation presents a live audio webcast and teleconference on Tuesday, February 9, 2010: This session will discuss how far is too far when it comes to coaching witnesses for deposition or trial. Some have called coaching...

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