Five Rules for Winning Patent Cases
Matthew B. Lowrie of Wolf, Greenfield & Sacks, P.C.
Patent litigation is not for the faint of heart as it carries tremendous risk and reward. Typically, patent litigants are "betting the company." The stakes are high: one case awarded almost $1 billion in damages. The successful patent-owner almost always secures a court order prohibiting further infringement, which removes a competitor from the market the very next day.
Your Product's Patent Has Been Infringed -- Now What?
James J. Foster of Wolf, Greenfield & Sacks, P.C.
If you have patents covering your products (and these days, you probably have a bunch), you know how important it is to protect them to maintain your competitive position. Thus, if you hear through the grapevine that a competitor is poised to come out with a product that might infringe on one of your patents, or even worse, that your customers have already started buying his product, your gut instinct might be to quickly fire off a letter or a phone call threatening him with a ruinous lawsuit.
Guide to Current Patent Reform Legislation
Robert J Ambrogi and IMS Expert Services
Legislation that would dramatically overhaul U.S. patent law appears to be on a fast track in Congress, with Senators Patrick Leahy (D-Vermont) and Orrin Hatch (R-Utah) leading the charge. But legal and business groups are finding themselves at odds over the legislation, with some saying it would reduce patent litigation costs and improve patent quality while others say it would do just the opposite.
Managing the Intellectual Property Lawsuit
Roderick M. Thompson of Farella Braun + Martel LLP
It is easy to say that successful resolution of Intellectual Property disputes .
Patent Marking Requirements--Patented Articles Must be Marked as Patented in Order For Patentee to Recover Damages Due to Patent Infringement
Douglas John Bucklin, Ph.D. of Parsons Behle & Latimer
Patented articles (products, devices, items, etc.) must be marked as patented if patentee is to be awarded damages resulting from infringement of the patent. The marking provisions of the patent statute are within 35 U.S.C. § 287(a).
Judge Overturns Record $1.5 Million Microsoft Verdict
Robert J Ambrogi and IMS Expert Services
Expert testimony proved to be the linchpin in a federal judge's Aug. 6th decision to set aside the largest-ever damages award in a U.S. patent case.
Rights of Patent Owners Enhanced
Karna A. Berg of Briggs & Morgan
You may hold a patent but have decided not to make, use or sell the patented device. In a recent case, the United.
Intergraph's Patent Victory over Intel: FindLaw Interview with George M. Schwab of Townsend and Townsend and Crew LLP
FindLaw M V
Townsend and Townsend and Crew LLP, a 150-attorney law firm specializing in intellectual property and complex litigation, secured a major patent victory on behalf of computer software developer Intergraph Corporation over microprocessor giant Intel. Following a bench trial, U.S. District Court Judge T. John Ward of the United States District Court of the Eastern District of Texas held that Intel's Itanium processors infringe two Intergraph patents directed to parallel instruction computing.
The Looming Crisis Over the Research Use Exception To Patent Infringement: What Madey Taught Duke University
Stephen B. Maebius and Harold C. Wegner of Foley & Lardner LLP
Madey v. Duke promises to set off a lively debate about the direction of research at federally funded universities and in particular the role of patents both to protect the intellectual property wealth of such institutions but also the very right to continue to function as research institutions, free from third party patent problems. The confirmation by the court that a nonprofit or other university enjoys no special privilege or experimental use exemption to conduct testing or research guarantees that in the 108th Congress there will be a reconsideration of earlier attempts to provide a statutory research exemption.
Reviewing Competitor's Patents: Are There Risks?
Vera M. Elson and Robert P. Feldman of Wilson Sonsini Goodrich & Rosati
The article discusses the implications of having advance knowledge of your competitors patents.
Antitrust Implications of Patent Settlements: Balancing Patent Policy, Antitrust Law, and the Practical Limits of Litigation
Michael K. Friedland of The Federalist Society
In a perfect world, all patents would be valid and none infringed. In a near-perfect world, a mechanism would exist to rapidly and efficiently determine whether a patent is valid and infringed. We live in neither world.
Federal Jurisdiction Extended Over State Business Tort Action Claims
Ernest E. Helms of Dykema Gossett PLLC
The United States Court of Appeals for the Federal circuit in Hunter Douglas, Inc. v. Harmonic Design, Inc. recentl.
The Risk/Reward Factors of U.S. Patents
Carl G. Love of Pillsbury Winthrop Shaw Pittman LLP
Damages awards in U.S. patent infringement cases have been recognized as reaching magnitudes rarely seen in other .
Stanford Biotech Strategies Seminar. Seminar Summaries of Speakers Elaine Levin and Lawrence Sung, Ph.D. of Preston Gates & Ellis.
K&L Gates LLP
Elaine Levin gave an overview of problems facing small biotech companies. Lawrence Sung, Ph.D., provided an update on inventorship/ ownership considerations and the common law ÃÂresearch useÃÂ exemption.
Patent Litigation: Views from the Bar and Bench
Ronald J. Schutz of Robins, Kaplan, Miller & Ciresi L.L.P.
Ronald Schutz, Chairman of the Intellectual Property Litigation Department at Robins, Kaplan, Miller & Ciresi L.L.P., engaged the audience in a lively panel on Patent Litigation: Views from the Bar and Bench on Strategy, Tactics, Trends and Concerns, together with Judge Saris of the Massachusetts District Court and Matthew Lowrie, Chair of the Litigation Practice Group at Wolf, Greenfield & Sacks, P.C.
What Are My Chances? From Idea Through Litigation
Benjamin Hershkowitz of Kenyon & Kenyon LLP
The next time someone asks - "what are my chances?" - chances are you may now have an answer.
Intellectual Property Audits: A More Diligent Approach
Randy J. Pritzker of Wolf, Greenfield & Sacks, P.C.
Conducting an intellectual property audit is an important business process. It can insure a company's IP assets are being adequately identified, protected, and enforced; provide information to potential investors; and inform a potential licensee or acquirer of an IP asset's value. In addition, an IP audit can result in company executives adopting or changing an approach toward IP that adds value and reduces risk to the company.
Holmes v. Vornado: A Restatement of the "Arising Under" Jurisdiction of Federal Courts
James W. Dabney of Pennie & Edmonds LLP
On June 3, 2002, the Supreme Court issued one of its most important decisions in decades construing the "arising under" jurisdiction of United States District Courts. In Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., seven Justices of the Court held that a civil action is not one "arising under" federal law - including federal patent, trademark, and copyright law - if the well-pleaded complaint of the plaintiff does not allege a claim whose resolution depends on a substantial question of federal law.
Patent Law  "Reasonable Apprehension" After Receipt of a Cease-and-Desist Letter  Grounds for Declaratory Judgment Action
Anthony A. Tomaselli of Quarles & Brady LLP
The drafter of a cease-and-desist letter must carefully craft the language in the letter to put the recipient on actual notice of patent infringement without giving the recipient a "reasonable apprehension" of litigation.