When I began my legal career in 2000, we were in the 6 million range for issued patents. Now, nearly 15 years later (with 3 million patents being issued during that time!), we are in 9 million range for issued patents....more
On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more
Rep. Bob Goodlatte, chairman of the House Judiciary Committee, has re-introduced a bill – called the Innovation Act – aimed at reforming certain aspects of the U.S. patent system. ...more
On January 20, 2015, the U.S. Supreme Court issued a decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. holding that “clear error,” not “de novo,” is the correct standard of appellate review for underlying factual...more
1/21/2015
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Clear Error Standard ,
De Novo Standard of Review ,
Federal Rules of Civil Procedure ,
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Teva v Sandoz
New York State and its four U.S. district courts – the Northern District (N.D.N.Y.), Southern District (S.D.N.Y.), Eastern District (E.D.N.Y.), and Western District (W.D.N.Y.) – have been well-known venues for IP cases. How...more
The Supreme Court’s decision in Alice Corp. Pty. Ltd. vs. CLS Bank Int’l, 134 S. Ct. 2347 (decided June 19, 2014) (“Alice”) is an important decision that will have an impact on software and computer-related inventions. In its...more
Today, Lex Machina released its “2013 Patent Litigation Year in Review” report. The Lex Machina report includes comprehensive statistics over many different verticals — patents, parties, districts, judges, rulings, etc. The...more
All four U.S. District Courts in New York — the Northern District (N.D.N.Y.), Southern District (S.D.N.Y.), Eastern District (E.D.N.Y.), and Western District (W.D.N.Y.) — have enacted Local Patent Rules. S.D.N.Y. and...more
In this issue:
- Special Report: US Supreme Court Will Decide Key IP Cases in 2014
- Patent Litigation: Strategies to Battle NPEs: Lessons from the Front Lines
- Design Patents: The Federal Circuit...more
Patent lawsuits brought by non-practicing entities (“NPEs”), sometimes referred to as “patent trolls,” can be expensive for companies defending such lawsuits. Indeed, according to a 2013 survey by the American Intellectual...more
Last week, we wrote about the proposed Local Patent Rules in the Western District of New York (W.D.N.Y.), which include a “Model Order Regarding E-Discovery in Patent Cases.” The Western District’s Model E-Discovery Order is...more
The U.S. House of Representatives approved a bill today called the “Innovation Act,” H.R. 3309, which was aimed at reigning in abusive patent litigation filed by “non-practicing entities (NPEs)” or “patent trolls.” The bill...more
The Western District of New York (W.D.N.Y.) recently announced proposed Local Patent Rules that would apply in all patent cases filed in this district. A copy of the proposed Local Patent Rules can be found here (see alert)....more