Side-Swiped
We know who T-Boned the In re Translogic Technology, Inc. patent holder and their $86.5 million patent infringement verdict. Patent holders everywhere should be on the lookout for one of those new...
View ArticleYou Say Tomato . . . I Say Tah-mah-to . . .
The Federal Circuit says: "declaratory judgment jurisdiction," even if the patent holder’s notice letter waltzes around phrases like "infringement" or "assertion." In Hewlett-Packard Company v....
View ArticleWhen Some of the Parts Equal the Whole
You might want to fast forward through more than the commercials on this one-all the best action is in the finale. In TiVo v. Echostar the Federal Circuit engages in page after page of dense claim...
View ArticleTruth or Dare
Anyone spinning the bottle on a decision to mark their patent on an item known to lack patent protection should first consider the decision in Forest Group, Inc. v. Bon Tool Co. In Forest, the Federal...
View ArticleThe Pompatus of Silence
After the most recent decision in Qualcomm Inc. v. Broadcom Corp., patent law may need a new word[1] to describe the specific consequences of silence in the face of a duty to disclose patents while...
View ArticleUp in Smoke
Death of lower court victories can be a side effect of appeals, so perhaps the accused patent infringer in Star Scientific Inc. v. R.J. Reynolds Tobacco Co. shouldn't have inhaled their district court...
View ArticleW.W.C.D.?
Following the Supreme Court's decision in Microsoft Corporation v. AT&T Corporation, one question predominates-"What Will Congress Do?" Why? Because the Microsoft Court explicitly left to...
View Article98 Pound Patent
Prior publication left the patent holder in Iovate Health Services, Inc. v. Bio-Engineered Supplements & Nutrition Inc., No. 2009-1018 (Fed Cir. 11/19/2009) with sand in its face and an invalid...
View ArticleDecPage - Special Endorsement (Hurricane Irene)
© Copyright 2011. All rights reserved.Some of the issues that may arise in Hurricane Irene claims, including those noted below, are discussed here.1) Wind v. Water 2) Flood Exclusion 3) Insurance...
View ArticleDecPage - Special Endorsement (Earthquake and Tsunami in Japan)
© Copyright 2011. All rights reserved. Archer-Daniels-Midland - A Potential Pitfall For Contingent Business Interruption CoverageContingent business interruption coverage applies when a supplier of the...
View ArticleAntitrust Bulletin - Vol. 4, No. 1
© Copyright 2012. All rights reserved.Bork is Back - as Romney's Antitrust Advisor As Mitt Romney clinches the Republican presidential nomination, former Supreme Court nominee, Robert Bork, now 85,...
View ArticleAntitrust Bulletin - Vol. 3, No. 2
Copyright 2011. All rights reserved.NFL Labor Dispute Ends After Eighth Circuit Sides with OwnersNBA’s Dispute Begins. On July 25 the National Football League Players Association ratified an agreement...
View Article$200 Million Years of Bad Luck
Surprisingly, the Federal Circuit’s split decision in Mirror Worlds, LLC v. Apple, Inc. did not issue on Friday the 13th. Still, the patent holder must have wondered what happened to its lucky rabbit...
View ArticleArticle 36
FactsTwo technical-journal publishers sued Minnesota law firm Schwegman, Lundberg & Woessner, P.A. (“Schwegman”) for copyright infringement, claiming that Schwegman violated the copyright laws by...
View ArticleThe Robins Justice Report - Vol. 6, No. 2
© Copyright 2012. All rights reserved.The Evolution of Cases Involving The Wrongful Death of ChildrenNot that long ago, wrongful death cases involving children were considered by many lawyers to be...
View ArticleThe Great Divide
Watershed moment or not, an en banc Federal Circuit was awash in discord on the direction analysis should flow when more than one entity performs the steps that constitute infringement of a method...
View ArticleADitional Duty to Defend
Topic: Insurer’s Duty to Defend Infringement of “Advertising Idea” PatentFactsA jury found that Hyundai infringed a third-party patent by incorporating a “build your own” (“BYO”) vehicle feature into...
View ArticleForm-Fitting
It turns out the forms at the back of the Federal Rules of Civil Procedure are what lift and separate pleading sufficiency standards for patent infringement claims. In In re Bill of Lading Transmission...
View ArticleTake Our Advice
Dear APaTS: Please help settle an argument. I say if a judge in a patent infringement case includes the ultimate question of obviousness on the special verdict form, all of the factual...
View ArticleArticle 30
Predictive coding is machine-learning technology that enables computers to automatically predict how documents should be classified based on limited human input. Some commentators argue that predictive...
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