In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more
VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” How can you tell? Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Web 2.0 Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Traxcell Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will update our previous post explaining recent events at...more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to...more
In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more
RPX’s latest quarterly review provides a deep dive on the effects of Berkheimer and Aatrix. If you forget, the Federal Circuit found in those two 2018 cases that Section 101 motions – at the Rule 56 and Rule 12 stages,...more
In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle...more
With three new filings in February 2019 against household names like Macy’s, Best Buy, and Lululemon, Vindolor, LLC—a non-practicing entity—has expanded its contactless “tap-to-pay” point-of-sale patent litigation assault to...more
Since launching Cloud IPQ last year, we have focused on the intersection of cloud computing and intellectual property with a particular emphasis on the increasing number of patent lawsuits filed against cloud computing...more
My first presentation about the creation of inter partes review was to a group of Stanford students in 2011. In that presentation, to the amusement of the class, I analogized IPRs to Dr. Seuss’ classic 1961 children’s book...more
Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more
Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more
While much of the attention on NPE patent litigation centers on the big technology players like Google and Apple, literally hundreds of other technology companies face these lawsuits, and more and more of that litigation...more
In a recent ruling, the International Trade Commission permitted a non-practicing entity to rely on the activities of its licensee to establish the “economic industry” prong of the domestic industry requirement. In...more
On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more