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Intelligence Is (Not) A Requirement – “Good” vs “Bad” Patent Prosecution

Over at my friend Mark’s TacticalIP blog, I recently commented that every patent application is deserving of at least an informal phone call with the Examiner, if not an interview.  I can’t tell you how many patent file histories I’ve read over the years that went through multiple RCE’s (translation for patent owners: spending your … Continue reading

Patent Connections – From Venture Capital To Legal Adventures: How Early Movers End Up In Patent Disputes

My fourth installment of Patent Connections posted earlier this week, discussing how innovations go from funding small companies into driving “big money” patent litigation. Check it out

Akamai Learns The Hard Way, But You Don’t Have To

By now you’ve heard about a decision called Akamai v. Limelight.  Your patent attorney probably sent you an email, newsletter or some kind of brief synopsis of the legal issues the CAFC ruled on.  You may have heard the phrase “joint infringement” or “divided infringement.”  Ultimately, what you really want to know is, ‘what can … Continue reading

Patent Deal Potentially Has “Apocalyptic” Consequences

UPDATED 12/22/10 (see below) Among the consequences/signs of apocalyptic events, we’re told, includes: “Human sacrifice, dogs and cats living together… mass hysteria!”  Not to accuse anyone of hysterics, but we have seen the business equivalent of “dogs and cats living together” in the form of a four company partnership including Microsoft and Apple to purchase … Continue reading

CAFC (Again) Refuses Chance To Give Bilski-test Teeth

The concept of “patentable subject matter” (also known as section ‘101’ patentability) was addressed again by the Court of Appeals for the Federal Circuit (CAFC) last week.  As you may recall from my earlier discussion of a Microsoft-related patent case, this legal requirement is really focused on whether the patent claims something that is too … Continue reading

Patent Connections – Lawsuits For The Greater Good: University Research Monetizing Patents Through Litigation

My latest edition of Patent Connections published this week, after a much-needed week off with the family.  This week’s column deals with university research and patent litigation.  The timing is appropriate, given the upcoming Supreme Court argument between Stanford University and Roche over the rights to federally-funded research. 

Is Groupon’s Patent Really Worth More Than The Entire Nortel Portfolio?

Since initially writing this post about Groupon’s use of the patent marketplace to acquire this patent to counter a lawsuit from MobGob, I’ve learned that Groupon just can’t stay out of the news.  Whether it’s for getting involved in another patent infringement lawsuit or turning down a $6 Billion offer from Google.  While I do … Continue reading

CAFC Prematurely Ends “Bilski” Hunting Season

Was it over before it started? Anti-patent advocates have been watching court filings closely, looking for situations where the Supreme Court’s recent case on patentability of abstract ideas could be used broadly against a class of so-called “software patents.” The Court of Appeals for the Federal Circuit (CAFC), through its Chief Judge Rader, may have … Continue reading

Patent Sausage Epilogue

In the spirit of my earlier post about the fight between Google and Interval, I came across an interesting quote from Judge Leonard Davis.  After agreeing, just like the Judge Pechman in the Interval case, that the complaint failed to satisfy the technical requirements of the federal rules, Judge Davis couldn’t help but offer the … Continue reading

An Examination Of Patent Sausage-Making

As I’ve discussed on this blog, and elsewhere, the Interval Licensing case against Google and several other search, advertising and e-commerce companies makes for a fascinating study on many levels.  In particular, the actions of lawyers on both sides of this case speak volumes about how your IP rights are treated during litigation.  Consider, for … Continue reading