Patent Law

Silcon Graphics v. ATI and AMD Patent Infringement Case Ends

Posted on February 12, 2008
Thanks to a reader who tipped me off to this case and provided court documents as well!On January 31, 2008, plaintiff Silicon Graphics, Inc. moved to voluntarily dismiss from its lawsuit in the Western District of Wisconsin the remainder of its claims related to U...

Top IP Law Issues for 2008

Posted on February 11, 2008
A press release issued today, February 11, 2008, at Marketwire by Wolf, Greenfield & Sacks states, in part:Last year was probably the most momentous in intellectual property law in decades. Will 2008 be as dramatic? An article in the February 8 issue of Mass High Tech by James J...

Special Masters and The Patent Reform Act of 2007

Posted on February 08, 2008
A press package providing a section-by-section summary of The Patent Reform Act of 2007 appears at the Committee on the Judiciary of the U.S. House of Representatives website.  Section 16 on Special Masters states the following:Sec. 16. Study of Special Masters in Patent Cases...

Barracuda Networks Enlists Open Source Community In Trend Micro Patent Fight

Posted on February 07, 2008
The following is excerpted from Thomas Claburn's February 6, 2008 article at InformationWeek:Barracuda Networks, a maker of e-mail and Web security hardware, has sent out a distress call to the open source community to save it from patent litigation at the hands of Trend Micro, a competing security company...

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Brett Trout's BlawgIT

Posted on February 06, 2008
BlawgIT - Internet Patent, Trademark and Copyright Issues with Attorney Brett Trout's blog post from yesterday, February 5, 2008, provides his "definitive" list of patent blogs.  I was very pleased to see Patent Infringement Updates made his list...

Rule 11 - Reasonable Prefiling Investigation

Posted on February 05, 2008
Esther Lim writes an article titled, "Reasonable prefiling investigation and the test for rule 11: the "I would have if I could have" test" in the July 1, 2006 issue of the IP Litigator.  The following is excerpted:Armed with a patent and suspicion of infringement, a patentee must form a reasonable basis for bringing an infringement action...

European Commission Probes Pharmaceutical Sector

Posted on February 04, 2008
From a January 30, 2008 item by Kevin Aschenbrenner of Jaffe Legal News Service:In a bid to discover why, despite a strengthened patent system, there has been a decline in both new and generic drugs coming onto the market in Europe, the European Commission (EC) has launched a probe of the pharmaceutical sector...

Appellate Court Upholds $94 Million Patent Infringement Judgment for TiVo

Posted on February 01, 2008
The following excerpt is from an Irell & Manella LLP press release issued today, February 1, 2008, and appearing at PR Newswire:The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. has upheld a $94 million ruling in favor of digital video recorder pioneer TiVo Inc...

Smithkline Beecham v. Dudas Seminar

Posted on January 31, 2008
Joseph Silvia, Chief Policy Counsel for the Washington Legal Foundation, wrote to notify me yesterday of an event The Washington Legal Foundation (WLF) is hosting as a WLF Web Seminar Series on February 5, 2008 featuring two distinguished attorneys involved with the case...

Using Hindsight: Janis Joplin's Yearbook

Posted on January 30, 2008
I was organizing some old files and came across a copy of Frank Fisher's and Craig Romaine's article from the Winter/Spring 1990 issue of the Journal of Accounting, Auditing & Finance titled, "Janis Joplin's Yearbook and the Theory of Damages...

Fordham 16th Annual Conference on Intellectual Property Law & Policy

Posted on January 29, 2008
Okay, it is officially CLE Tuesday now!  I just received a notice in the mail yesterday announcing Fordham Law School's "16th Annual Conference on Intellectual Property Law & Policy" at Lincoln Center in New York City on March 27 & 28, 2008...

THE SEDONA CONFERENCE'S VOICES FROM THE DESERT PROGRAM ON THE RECENT QUALCOMM E-DISCOVERY SANCTIONS ORDER AND ITS RAMIFICATIONS IS TODAY - 3:00 p.m. EST

Posted on January 29, 2008
As a follow-up to Michael Solomita's and Steven Gauthier's January 23, 2008 guest post titled, "Learning from Qualcomm's Discovery Errors" is today's Sedona Conference's "Voices from the Desert" program on the court's e-discovery sanctions order...

Business Methods: Patenting Computer and Machine Implemented Inventions Since Nuijten and Comiskey

Posted on January 29, 2008
Charles R. Macedo of Amster, Rothstein & Ebenstein, LLP is going to be speaking at a webinar being sponsored by the World Research Group ("WRG") on February 14, 2008 at 12:00-1:15 EST titled, "Business Methods: Patenting Computer and Machine Implemented Inventions Since Nuijten and Comiskey...

ITC Probes Samsung-Sharp LCD Patent Dispute

Posted on January 28, 2008
EE Times Asia reported on January 24, 2008:The U.S. International Trade Commission (ITC) it will investigate imports of TVs and other goods containing LCD devices made by Sharp Corp., according to an Associated Press report. Samsung Electronics Co. Ltd requested the investigation last month, alleging that Sharp's LCD devices infringed on four Samsung patents...

docstoc is Source of 55,000+ Free Legal Forms and Business Documents

Posted on January 25, 2008
Docstoc is a community of users sharing their professional documents.  They have thousands of legal and business documents that can be downloaded for free. How can I use Docstoc for my own Benefit? You can easily find high quality, free legal and business documents...

Japan to Block Some Nanya DRAM Chips After Fujitsu Complaint

Posted on January 24, 2008
Martyn Williams of IDG News Service writes today, January 24, 2008, at InfoWorld:Japan will block imports of some memory chips produced by Taiwan's Nanya Technology after local chip-maker Fujitsu lodged a request with the country's customs authorities...

LEARNING FROM QUALCOMM'S DISCOVERY ERRORS

Posted on January 23, 2008
The following guest post is by Michael V. Solomita and Steven B. Gauthier of Amster, Rothstein & Ebenstein LLP (Michael V. Solomita is Partner and Steven B. Gauthier is an Associate. They may be reached at msolomita@arelaw.com and sgauthier@arelaw...

DTL Licenses Key Cell Phone Patent to Ericsson

Posted on January 22, 2008
The following is excerpted from a press release that appeared today, January 22, 2008 at Business Wire:General Patent Corporation International (GPCI), a leading patent licensing and enforcement firm, announced today on behalf of its client, Digital Technology Licensing LLC (DTL) that it has licensed a key cell phone patent to Ericsson, Inc...

23rd Annual Intellectual Property Law Conference

Posted on January 21, 2008
The American Bar Association is hosting the "23rd Annual Intellectual Property Law Conference" in Arlington, Virginia on April 10 - 12, 2008.Now in its 23rd year, the Annual Intellectual Property Law Conference of the ABA Section of Intellectual Property Law provides a gathering of the foremost authorities on the state of intellectual property law, including judges, government officials, in-house counsel, academics, and private practitioners...

China Gets Ready for National IP Strategy

Posted on January 18, 2008
Peter Ollier of Managing Intellectual Property wrote on January 14, 2008:A key committee in China's parliament has approved changes to a draft law that deals with innovation in the country, a move that commentators say signals final preparations before the publication of the long-awaited National IP Strategy...

How to Effectively Litigate a Case of Active Inducement

Posted on January 17, 2008
As mentioned in my January 7, 2008 post, H. Keeto Sabharwal and Melissa D. Pierre of Blank Rome LLP presented "How to Effectively Litigate a Case of Active Inducement" at the Advanced Patent Law Institute.35 U.S.C. § 271(b) states, ?Whoever actively induces infringement of a patent shall be liable as an infringer...

WILL THE SUPREME COURT CLARIFY THE EXHAUSTION DOCTRINE?

Posted on January 16, 2008
This guest post is authored by Charles R. Macedo, Esq., Joseph Casino, Esq., Michael Kasdan, Esq., and Howard Wizenfeld, Esq. (Messrs. Macedo and Casino are partners, and Messrs. Kasdan and Wizenfeld are associates at Amster, Rothstein & Ebenstein, LLP...

Google's Response to Patent Infringement Litigation

Posted on January 15, 2008
The following is an excerpt from a post today, January 15, 2008, at PageTraffic Blog:During November last year Boston's Northeastern University and technology company Jarg sued Google for patent infringements. Now we have a response from Google, and it's an outright denial of the charges leveled against them...

What Makes a Compound Obvious?

Posted on January 14, 2008
A reader has posited the following scenario:If there is a patent claiming a composition consisting of A and B ingredients. wherein by adding B ingredient, the efficacy of A is enhanced.In this case if we are able to find a patent or research articles talking about the combination of A and B, but they do not say anything about an "increase in efficacy," then: 1) Is this information sufficient to invalidate the said patent?2) Should we consider composition application or property during invalidation searches or not?Since I am not an attorney, I asked Jim Singer, a friend, fellow blogger (IP Spotlight) and partner with Pepper Hamilton LLP, to respond...

IS THE SUPREME COURT REVIVING THE EXHAUSTION DOCTRINE?

Posted on January 11, 2008
This guest post is authored by  Michael J. Kasdan, Esq. and  Charles R. Macedo , Esq. (Mr. Macedo is a Partner and Mr. Kasdan is an Associate with Amster, Rothstein & Ebenstein, LLP.  They can be reached at cmacedo@arelaw.com and mkasdan@arelaw...

KSR Update: Withstanding the Obviousness Challenge

Posted on January 10, 2008
World Research Group is hosting a webinar titled, "KSR Update: Withstanding the Obviousness Challenge" on January 24, 2008.  John Richards of Ladas & Parry LLP will present the program. OverviewIn what may be the most important patent case in the last 20 years, The Supreme Court recently sided with The Federal Circuit?s critics who claimed The Circuit?s interpretation of what should be patentable was too liberal...

More on Reexamination

Posted on January 09, 2008
As a follow-up to yesterday's post, I heard from Dale Carlson at Wiggin and Dana LLP on a more recent article he co-authored with Robert Migliorini titled, "Patent Reform at the Crossroads:  Experience in the Far East with Oppositions Suggests an Alternative Approach for the United States...

Patent Reexamination Statistics

Posted on January 08, 2008
A reader posed a few questions about patent reexamination yesterday.  The questions were: Is there any statistical data out there on how quickly reexamination happens? Whether the litigation is put on hold (stay)? What percentage of reexaminations hold the patent invalid? What is the average length of a reexamination? I did some brief research and uncovered the following: Ashley N...

Advanced Patent Law Institute

Posted on January 07, 2008
The University of Texas School of Law and the George Mason University School of Law are presenting the 2008 "Advanced Patent Law Institute" in Alexandria, VA on January 10-11, 2008 at United States Patent & Trademark Office.  Friend and client, Keeto Sabharwal, a partner with Blank Rome LLP in Washington, D...

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