News & Analysis as of

Independent Corroboration Required To Prove Conception

Microsoft Corp. v. SurfCast, Inc. - Addressing the requirements for antedating prior art, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) ruled all claims of a challenged patent unpatentable,...more

IP Newsflash - November 2014

Central District of California Clarifies the Section 101 Analysis and Finds Another Two Patents Invalid - On November 3, 2014, Judge Mariana R. Pfaelzer of the Central District of California spent the better part of...more

Spread Out! Double Space Everything

In Microsoft Corporation v. Cellular Communications Equipment LLC, IPR2015-00011, Paper 3, (October 17, 2014), the Board gave Microsoft’s petition a filing date but required Microsoft to re-file the Petition because it...more

The PTAB rejects Microsoft's attempt to institute an IPR proceeding almost 7 years after being served with a complaint involving...

In Microsoft Corporation v. Virnetx Inc., Microsoft filed a petition seeking inter partes review of U.S. Patent No. 7,188,180 ("the '180 patent") on May 19, 2014. The '180 patent was asserted in a complaint for VirnetX Inc....more

Board Uses its Discretion to Duck Joinder Question

In Microsoft Corporation v. Enfish, LLC, IPR2014-00574, Paper 13, IPR2014-00576, Paper 13, IPR2014-00577, Paper 13 (September 29, 2014), the Board denied Microsoft’s request to join the petition, with one of the prior inter...more

IP Newsflash - October 2014

Federal Circuit Affirms Inequitable Conduct Based On “Intentionally Selective” Disclosure - On September 26, 2014, a divided Federal Circuit panel affirmed the unenforceability of three American Calcar patents,...more

Patent Filings, Decisions, Dispositions and Rehearings on September 6, 2015

New Filings - Microsoft Corporation filed IPR2014-01457 challenging claims 6, 13, 14, 15, 16, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 41, 46, 82, 83, 84, 85, and 86 of U.S. Patent No. 8,144,182 assigned to...more

Patent Filings, Decisions, Dispositions and Rehearings on September 5, 2014

Institution Decisions - FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411 , Paper 8 (September 5, 2014), the Board instituted inter partes review of claims 1-58 (all of the claims) of U.S. Patent No. 8,426,813....more

August 2014: ITC Litigation Update: ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit...

ITC Tightens Domestic Industry Requirement for Licensors After Recent Federal Circuit Decisions: Certain Computers and Computer Peripheral Devices, and Components Thereof, and Products Containing Same, Inv. No. 337-TA-841...more

A Second Chance on a Motion to Amend

In Microsoft Corporation v. Surfcast, Inc., IPR2013-00292, Paper 77 (June 5, 2014), the PTAB authorized the patent owner to file a corrected motion to correct what it deemed potential ambiguities in the proposed substitute...more

Suppliers May DJ an NPE, But It Won’t Be Easy - Microsoft v. DataTern, Inc.

Addressing declaratory judgment jurisdiction based infringement allegations against customers, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part the district court’s finding of...more

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

Could Federal Circuit Decision Weaken FRAND Defense?

On Monday, May 5, 2014, the Court of Appeals for the Federal Circuit, by transferring the Microsoft v. Motorola case to the Court of Appeals for the Ninth Circuit, issued an order which may significantly impact the ability of...more

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other...more

Potter Voice v. Microsoft: Microsoft's Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft's...

In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702....more

A Claim Survives IPR!

The PTAB’s decision in Microsoft Corp. v. Proxyconn, Inc., IPR2013-00026, IPR2013-00109, Paper 73, (February 19, 2014) is notable because for the first time a challenged claim (claim 24) survived the IPR Process, although 8...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Motorola Escapes Microsoft by Ducking Under ITC Domestic Industry Requirement

In Microsoft Corp. v. International Trade Commission, the Federal Circuit upheld the ITC’s determination that Microsoft had failed to establish that there was a “domestic industry” relating to three of four patents asserted...more

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

An Unreasonable Royalty Rate is No Gaming Matter

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Landmark Court Opinion Provides Guidance in Determining RAND Royalties for Standard-Essential Patents

On April 25, 2013, U.S. District Judge James Robart (W.D. Wash.) issued a much-anticipated opinion in a dispute between Microsoft Corporation (“Microsoft”) and Motorola, Inc., Motorola Mobility, Inc., and General Instrument...more

"US District Court Issues First Decision Calculating a FRAND Royalty for Standard-Essential Patents"

Why this case is important: - First decision to set a framework for determining a FRAND royalty; and - Provides guidance for calculating the value of a SEP, affecting (1) SEP holders and potential licensees...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Will SCOTUS Rewrite the Standard for Patent Invalidity?

The justices of the Supreme Court, in their questioning of Microsoft Corp. and i4i Limited Partnership attorneys, revealed frustration with the proliferation of bad patents and uncertainty over what to do about the problem....more

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