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Archive for the ‘Patent’ Category

Uncertain Trajectory of the Rocket Docket in Patent Appeals

By Alex Shank – Edited by Michael Hoven

Patent litigators, enticed by the “Rocket Docket” EDVA and its recently relaxed evidentiary standards, may spur a spike in granted patents, compounding the defects of already over-patented system. However, other AIA reforms, including expanded post-grant review and the opening of PTO satellite offices, as well as PTO appeals of EDVA decisions, will likely temper the spike. Ultimately, opening the EDVA may figure most prominently in heightening the scrutiny of potentially cursory PTO examiner decisions.

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Posted On Mar - 25 - 2013 Comments Off READ FULL POST

Federal Circuit Reverses Equitable Estoppel Involving Continuation-in-Part Patent

Radio Systems Corp. v. Lalor
By Craig Fratrik – Edited by Kathleen McGuinness

The Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and remanded the decision of the Western District of Washington, which had ruled that Tom Lalor and Bumper Boy (“Bumper Boy”) were barred under equitable estoppel from bringing certain patent infringement claims and that none of Radio Systems’ other designs were infringing.

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Posted On Mar - 23 - 2013 Comments Off READ FULL POST

Supreme Court Holds State Court Has Jurisdiction over Legal Malpractice Suit in Patent Case 

Gunn v. Minton
By Laura Fishwick – Edited by Charlie Stiernberg

In a unanimous decision, the Supreme Court of the United States reversed and remanded a decision of the Supreme Court of Texas, Minton v. Gunn, 355 S.W.3d 634 (Tex. 2011), by finding that state courts can have jurisdiction over a legal malpractice claim based on an underlying patter matter.

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Posted On Mar - 12 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief

By Michael Hoven

Apple v. Samsung Damages Award Cut by $450 Million

Yelp Review Can Help Show Consumer Confusion

ISPs Announce “Copyright Alert System” to Combat Infringement

Drug Testing of Welfare Recipients Likely Violates Fourth Amendment, Says 11th Circuit

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Posted On Mar - 5 - 2013 Comments Off READ FULL POST

Manufacturers’ Attempt to Invoke RICO Act Fails Against Non-Practicing Entity

In re Innovatio IP Ventures
By David LeRay – Edited by Kathleen McGuinness

The Northern District of Illinois granted in part and denied in part Innovatio IP Ventures’s motion to dismiss seven claims in a complaint brought by manufacturers of wireless Internet technology. The court dismissed several of the manufacturers’ claims, including the claim based on the RICO Act, but did not dismiss claims based on breach of contract and promissory estoppel.

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Posted On Feb - 26 - 2013 1 Comment READ FULL POST
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