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What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur? [Video]

The Supreme Court’s ruling against broadly claimed software patents in Alice Corp. v. CLS Bank leaves many questions on patent eligibility unanswered, which means the controversy and confusion over the scope of patent...more

Highlights of Congressional Hearings on Copyright Remedies: Statutory Damages, Small Claims and Felonious Streaming

On July 24, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings on the subject of copyright remedies. Most of...more

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

Trade Secrets Protection Act of 2014 Introduced in Bi-Partisan Effort to Protect Businesses From Cyber Security Threats

On July 29, 2014, North Carolina Congressman George Holding introduced the Trade Secrets Protection Act of 2014, H.R. 5233, which seeks to create a private federal remedy for victims of trade secret theft. Representative...more

Amendments to the PRC Copyright Law ....the practical implications for rights owners

On June 6, 2014, the fourth draft version of the new PRC Copyright Law (New Law) was published for public comment, having first been published in 2010. The period for public comment ended on July 5, 2014 meaning the...more

The Supreme Court’s Push For Clarity in Patent Cases

The Supreme Court had a busy term, particularly with regard to patent cases, and especially in an effort to provide much needed guidance to the divided U.S. Court of Appeals for the Federal Circuit. The Supreme Court granted...more

Motion to Stay Pending CBM Review Granted Where Non-Practicing Entity Did Not Seek Preliminary Injunction

Boku, Inc. ("Boku") filed a CBM petition with the PTAB seeking review of the patentability of Plaintiff's U.S. Patent No. 7,273,168 (the "'168 patent"). The petition challenged all claims of the '168 patent on grounds that...more

Judge Rakoff Grants Permanent Injunction and Awards Attorneys’ Fees for Unreasonable Litigation Tactics and Redundant Post-Trial...

Following a six-day jury trial finding defendants’ infringement of U.S. Patent No. 7,874,487 (“Integrated illumination assembly for symbology reader”) to be willful, Judge Rakoff permitted plaintiffs to move for a permanent...more

Kickstarting an Old Patent System for the New Software Era

Software patents have been having a rough time of it lately. It seems everyone has something bad to say about them, from the courts to the press, and even some software engineers. Originally Published in The Recorder...more

Improving the value of your US patent portfolio: lessons for Australian and NZ companies from the decision of Bard v Gore

Recent developments in US law have meant that investors conducting due diligence of biotech and technology companies now not only consider whether the company’s US patents are valid and cover the relevant technology but also...more

Case Alert -- Federal Circuit Reverses District Court Denying Stay Pending Covered Business Method Review

On July 10, 2014, the Federal Circuit issued an opinion in VirtualAgility Inc. v. Salesforce.com, Inc., in which it reversed the district court’s order denying Salesforce’s motion to stay the district court suit pending...more

Anti-counterfeiting: protecting your brand – why it is important and how to do it

Intellectual property (“IP”) is often the DNA of a business. A brand can be integral to reputation, revenue streams and goodwill. However, protecting IP is becoming increasingly difficult, particularly with the proliferation...more

Court Excludes Defense Damage Expert's Royalty Base Where Expert Based Royalty Base Solely on "Inventive Aspects" of Patent and...

ThinkOptics, Inc. ("ThinkOptics") filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, "[t]he...more

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

IP Newsflash - July 2014

Federal Circuit Orders Stay of District Court Proceedings Pending Post-Grant Review - In its first decision on stays pending post-grant review under the AIA, the Federal Circuit has ordered a Texas district court to...more

Recent SCOTUS Decisions in Intellectual Property Cases

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....more

General Ideas Protectable as Trade Secrets in California

Altavion, Inc. v. Konica Minolta Systems Laboratory Inc. - Clarifying case law that distinguished the protection available under patent law from that available under trade secret law, the California Court of Appeal...more

Carolla Going after the Patent Trolls

Adam Carolla continues his battle against the patent troll, Personal Audio, LLC. So far, Carolla has spent more than $450,000 in attorney fees. The result? There has been enough discovery for Carolla to determine that...more

Apple v. Samsung: Court Denies Samsung's Request for Discovery Based on Apple's Alleged Disclosure of Confidential Information

In the ongoing patent battle between Samsung and Apple, Samsung, trying to turn the tables on Apple, filed a motion for sanctions based on Apple's disclosure of confidential information. The court had previously sanctioned...more

SimpleAir Wins a $85 Million Jury Verdict Against Google

A Texas jury has awarded SimpleAir, Inc. $85 million from Google for infringing the company’s patent generally relating to transmitting Internet-based data to computers and mobile devices. Google’s accused services included...more

Federal Circuit Applies Octane Fitness/Highmark Exceptional Case Standard

Innovative Biometric Technology LLC v. Toshiba America Information Systems, Inc. - In April 2014, a unanimous Supreme Court of the United States reversed two opinions of the U.S. Court of Appeals for the Federal...more

Ideas Can Be Subject to Trade Secret Protection

The Court of Appeal, First Appellate District, recently held that ideas can be subject to trade secret protection; and, in so doing the court gave a primer on the law of trade secrets. In a modern day David and Goliath...more

Supreme Court Aiding Fight against Patent Trolls: Alice, Nautilus, Limelight, Octane Fitness and Highmark

The Supreme Court may be making up for where Congress has left off. Legislation designed to curb abuse from patent assertion entities, or so-called patent trolls, has been shelved indefinitely. The legislation passed the...more

IP Newsflash - June 2014 #4

George Clinton to Pay His Lawyers in Song - In a 9th Circuit opinion, the panel upheld a district court opinion which assigned four of Clinton’s sound recording copyrights to a receiver to satisfy judgments rendered...more

Supreme Court Corner - Q2 2014

Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more

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