News & Analysis as of

Court Orders Patent Troll to Pay Fees under Octane Fitness

On August 18, we posted about the Supreme Court’s Octane Fitness ruling and the potential consequences the case may have on the future of patent litigation. It appears at least one New York federal judge followed the Supreme...more

District Court Denies Stay Based on Inter Partes Review ("IPR") Where Less than 25% of Claims at Issue were Subject to IPR

Defendants HTC America, Inc., HTC Corporation, AT&T Mobility LLC, Cellco Partnership, Sprint Spectrum L.P., Kyocera Corporation, Boost Mobile, T-Mobile USA, Inc. and ZTE (USA), Inc. filed a motion to stay pending resolution...more

IP Newsflash - January 2015 #3

FEDERAL CIRCUIT CASES - Akin Gump Wins Summary Judgment of Non-Infringement - Akin Gump obtained a significant victory on summary judgment for HTC and AT&T in a patent infringement case against Adaptix, Inc., an...more

Smartflash v. Apple: District Court Excludes Damage Theory Based on Survey Responses That Were Insufficient to Show That the...

Plaintiffs Smartflash LLC and Smartflash Technologies Limited (collectively "Smartflash") filed patent infringement actions against Apple, Inc. ("Apple"), Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,...more

Monster Bites Back, Accuses Beats of Monstrous Scam

It’s a monster movie cliché – near the end, when the monster is “dead,” the dust is settling and the heroes are patting each other on the back, the monster rises from the dead and goes on one more rampage before it expires....more

Institution Decisions for December 9, 2014

In HTC Corporation v. E-WATCH, Inc., IPR2014-00989, Paper 6 (December 9, 2014), the Board instituted inter partes review of claims 1–6, 8, 10, 11, 13–18, 21–29, and 31 (“all of the challenged claims”) of U.S. Patent No....more

Claim Charts: 2 Columns in Portrait Orientation

In HTC Corporation v. Cellular Communicatiosn Equipment LLC, IPR2014-01135, Paper 3 (July 29, 2014); an dNEC Corporation of America v. Nokia Siemens Networks Vermoegensverwaltung GmbH & Co. KG, IPR2014-01132, Paper 4 (July...more

Court Rules That Crime-Fraud Exception Trumps Attorney-Client Privilege Where Patent Holder Made Series of False Representations...

HTC Corporation and HTC America, Inc. ("HTC") moved for a finding that this patent infringement action is "exceptional" under the Patent Act's fee-shifting provision which authorizes the award of attorney fees and costs to...more

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