The significant filing fees spent by an accused infringer on a successful American Invents Act (AIA) review are not taxable as costs in the underlying district court patent litigation, according to the January 5
Loser Does Not Pay for AIA Costs
Latest from Flat Fee IP - Page 3
Courts Everywhere are Finding Software Patents Invalid, So What Next?
Image from NegativeSpace
For the last few decades, corporations ranging from startups to large multinationals first turned to utility patents to protect their innovative software. These patents protected everything from the minute details of microprocessor operation (e.g., Intel’s microprocessor power consumption patent) to algorithms for a search engine (e.g.Google/Stanford’s page rank patent)
Possibility of More Reform Spurs Increase in Patent Case Filings
Lex Machina’s Spring 2015 Patent Case Filing Trends:
Patent case filings have been generally higher in the first five months of 2015 than in the last 8 months of 2014. May of 2015 had the most patent cases filed on any month so far this year (606 cases).
Lex Machina depicts this trend in
In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?
OIP Technologies v. Amazon.com and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business method patent lawsuits on the pleadings. In these decisions, the courts are finding that the invention alleged in the complaint is an abstract idea that
Patent Litigation Fee Awards: Hourly-Based Lodestar Trumps AFAs
Now that it is easier for prevailing parties in a patent litigation to recover attorney fees [see our previous post], how likely is that that fees paid under some form of non-hourly arrangement – for example flat fees,
Recover Flat Fees (or Not) As Prevailing Party in Patent Litigation
We have entered a new era where the prevailing party in a patent litigation has much better odds of recovering their attorney fees. “Until recently, winning hasn’t felt much like winning, particularly for defendants.” (Judge Grewal in Site Update Solutions v Accor) All this changed last year when the Supreme Court established a more
5 Things to Save Time (and Client $) When Using Hague Service Convention
Filed under “wisdom borne of pain” — five things about using the Hague Service Convention that lop hours off of the time spent serving a foreign company in a US-based litigation.
In this particular case, the “wisdom” was gained in connection with members of a trial team serving an accused infringer in a US patent
Lost Profit Damages Alive and Well in Patent Cases
While the pendulum has clearly swung in favor of limiting recovery of patent infringement damages, most notably in patent cases where non-practicing entities seek reasonable royalty damages, lost profits damages are not among the casualties.
United States District Court Judge William Alsup (ND Cal) is
Filing Damage Expert’s Reports Under Seal: Some Bright Line Rules
“filing under seal” “damage experts” seal
Patent Troll Required to Explain “Sham Venue” and “Sham Employees” to the Jury
Judge Alsup of the ND California clearly embraces the concept that “judges already have the authority to curtail [non-practicing entity patent litigation] practices: they can make trolls pay for abusive litigation.” Randall R. Rader, Colleen V. Chien & David Hricik, Make Trolls Pay in Court, NY Times, June 5, 2013. In his order leading