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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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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Fifth Circuit Says First Amendment May Protect Domain Names

Gibson v. Texas Dep’t of Ins. – Div. of Workers’ Comp.
By Michael Hoven – Edited by Daniella Adler

The United States Court of Appeals for the Fifth Circuit affirmed in part and reversed in part the Northern District of Texas, which had dismissed John Gibson’s claim that a Texas law barring him from using the words “Texas” and “workers’ compensation” or “workers’ comp.” in his domain name violated the First, Fifth, and Fourteenth Amendments.

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Apple Inc. v. Samsung Elecs. Co. By David LeRay – Edited by Michael Hoven Apple Inc. v. Samsung Elecs. Co., No. 2012-1507 (Fed. Cir. Oct. 11, 2012) Slip opinion The Federal Circuit reversed the Northern District of California, which had granted a preliminary injunction against Samsung’s Galaxy Nexus smartphone. The case was decided by Judges Prost, Moore, and Reyna, who acted unanimously. The Federal Circuit held that the district court abused its discretion in finding that Apple established it was ... Read More...

Sixth Circuit Approves Warrantless Tracking of Cell Phone Location By Michael Hoven – Edited by Andrew Crocker United States v. Skinner, No. 09-6497 (6th Cir. Aug. 14, 2012) Slip opinion The Court of Appeals for the Sixth Circuit upheld a jury’s conviction of Melvin Skinner on two counts related to drug trafficking and one count of conspiracy to commit money laundering, rejecting Skinner’s argument on appeal that the district court had wrongly denied his motion to suppress evidence on the ... Read More...