//
archives

Randall Ray Rader

This tag is associated with 10 posts

Yes, As A Matter Of Fact, Unauthorized Use Of Patented Technology Is Serious

During Randall Rader’s (Chief Judge of the nation’s patent appeals court) recent Texas visit, he recounted a tale of his visit to Shanghai where he advised his foreign counterparts that “Courts have an obligation to render the same justice to all nationalities!”  Judge Rader claims he was then asked by the President of the Shanghai … Continue reading

Chief Judge Of Patent Appeals Court Resurrects ‘State Street’ And Approves Software Patents

Patent eligibility (sometimes confusingly referred to as patentability) seem to have come full circle.  In decades past, a series of decisions from the US Supreme Court raised doubt about patent eligibility of business methods and computer software implemented inventions.  Then, in 1998, the court responsible for all appeals in patent cases wrote the now infamous … Continue reading

Bilski Was Just The Beginning, Showdown Over Patent-Eligibility Looms Large

Rader implicitly rejected the approach taken to rob Cybersource of its fraud detection patent by explicitly stating that a mathematical algorithm, if written as “an encoded tangible medium” is patent eligible. Cybersource will likely ask the full panel of CAFC judges to hear its case, and chances of reversing Judge Dyk’s flawed logic are looking a little better today. Importantly, Rader noted the importance of maintaining a broad understanding of patent eligibility, saying “The effect of eligibility restrictions can send innovation investment elsewhere.” Continue reading

Judge Rader Tosses Juniper Lawsuit Against Inventor

Peter Shipley (inventor of US Patent Nos. 6,304,975 and 6,119,236 related to network security) created and then assigned his patents Enhanced Security Solutions, LLC.  His company, in turn, has sought to license Shipley’s patents to the likes of Cisco, IBM, and Juniper, among others.  Like many others, Shipley’s efforts were stymied as the operating companies … Continue reading

TiVo Mindwarp: Court Renders Permanent Injunctions Worthless In Key Patent Ruling

Apparently, years of litigation and a consistent track record of demonstrating a valid, infringed patent are just not enough to actually be awarded your constitutionally guaranteed right to exclude.  TiVo sued Echostar over DVR technology back in 2004 (US Patent 6,233,389).  TiVo won. Bigtime. They won about $74 Million in lost profits and reasonable royalties. … Continue reading

Behind Walker Digital’s Velvet Glove Lies An Iron Fist

Patent licensing without the backdrop of litigation shouldn’t be rocket science.  But Intellectual Ventures figured out last year that before shaking hands with the velvet glove, opponents want to peek at the iron fist.  Of course, if you oblige and peel back the glove, or even offer to peel it back, you’ll often just find … Continue reading

Damn The Injustice!

A bit belated, but in early January, Chief Judge Randall Rader (Court of Appeals for the Federal Circuit) spoke in Singapore about a CAFC advisory committee to revise electronic discovery rules. Judge Rader is concerned about the cost of litigation, and in particular the cost of  patent litigation (although there was no mention of whether … Continue reading

Embattled Silicon Graphics Portfolio Now On The Warpath

Yesterday, thanks to PriorSmart‘s Daily Litigation Alerts, I noticed Dell, HP and Lenovo all targeted in the same Delaware patent lawsuit by Graphics Properties Holdings, Inc.  The titles of the two patents at issue were both “Display system having floating point rasterization and floating point framebuffering” (6,650,327 and 7,518,615).  It sounded a bit familiar, so … Continue reading

Is the smartest guy on the bench being “willfully ignorant”?

So immediately after publishing this entry about reasonableness of demanding nearly six figures for a non-exclusive license to a relatively simple (in today’s terms, at least) technology, I learned about recent comments by Chief Judge Randall Rader, who apparently referred to litigation (or at least a certain type of litigation) as “systematic blackmail.” (Source: Dr. … Continue reading

A Sign of Things To Come?

March has arrived, and along with it a remarkable (both for its content and style) dissenting opinion by soon-to-be-Chief Judge Rader at the Federal Circuit. The three Judge panel (consisting of Judges Mayer and Lourie along with the aforementioned Rader) considered patentability of U.S. Patent Nos. 5,803,501 and 6,142,532 (link to patent tools). Media Tech … Continue reading