News & Analysis as of

BakerHostetler Patent Watch: Motorola Mobility LLC v. Int'l Trade Comm'n

On December 16, 2013, in Motorola Mobility LLC v. Int'l Trade Comm'n, the U.S. Court of Appeals for the Federal Circuit (Rader,* Prost, Taranto) affirmed the Commission's determination, inter alia, that Motorola violated 19...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

Business Litigation Report -- September 2013

In This Issue: ..Private Antitrust Litigation in the UK ..First Decision by PTO Under America Invents Act Invalidates Business Method Patent ..September 2013: Bankruptcy & Restructuring Litigation...more

BakerHostetler Patent Watch: Apple, Inc. v. Int'l Trade Comm'n

[E]vidence relating to all four Graham factors -- including objective evidence of secondary considerations -- must be considered before determining whether the claimed invention would have been obvious to one of skill in the...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

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

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