Blogger tries humor to implore the courts come to grips with software patents
Ria Farrell Schalnat, a guest blogger on Patent Baristas, has published an illuminating imaginary letter from the U.S. Court of Appeals for the Federal Circuit judges to the U.S. Supreme Court that pleads for a granting of certiorari when Alice Corporation appeals their recent setback in CLS Bank International v. Alice Corporation Pty. Ltd. Per [...]
US patent court says an abstract idea is not patentable simply because it is tied to a computer system
In CLS Bank v. Alice Corporation, 11-1301, the U.S. Court of Appeals for the Federal Circuit (Washington) ruled on May 10, 2013, that patents held by an Australian electronic financial firm (Alice Corporation) are not valid because the claims are too abstract to qualify for such intellectual property protection. Alice had argued the patents were [...]
District Court Judge offers specific amounts that fit the terms criteria for “fair, reasonable and non-discriminatory”
Standard-setting organizations establish rules that govern the ownership of IP rights that apply to the standards they adopt. Companies that help establish the criteria gain an advantage in having their technology included in standards; therefore, one rule commonly adopted is that any patent that applies to a standard can only be licensed on “fair, reasonable, and non-discriminatory [...]
Microsoft’s Android-related licensing is less sexy than litigation but a more compelling business strategy
IP Value Wire has blogged in the past about how Microsoft was able to carve out a piece of a supposedly-free, open source operating system and turn it into a profit center. Below is a representative list of reports from FOSS Patents on how well that IP strategy is working. Bookmark on DeliciousDigg this postRecommend [...]
Plan to provide transparency into the workings of Intellectual Ventures announced
Intellectual Ventures is perhaps the most notorious of the NPEs, Non-practicing Entities, or “patent trolls.” Intellectual Asset Management reports the company owns over 40,000 technology patents and controls over 1,200 shell companies. Heretofore, one of the tools at IV’s disposal has been the lack of transparency into its operations. Companies cannot plan for a confrontation [...]
Is the U.S. patent system really in such disarray?
On October 7, a New York Times article subtitled “A System in Disarray” detailed the arguments against technology patents and their use as a “sword” to stifle innovation. According to Erik Sherman at CBS MoneyWatch, the Times falls into the same trap many others are, that of perpetuating several myths that, if left unchecked, would [...]
Apple wins big
Here is a look at the 20-page Apple v Samsung verdict sheet jurors had to complete as they found Samsung guilty of infringing Apple utility and design patents with their Android-based smartphones. For some jurors, it simply came down to holding the Samsung and Apple phones up in the dark and comparing … if it looks [...]
Two common consumer technology features claimed by NPEs
NPEs (non-practicing entities) now lurk around every technological corner. Analysts need to factor in NPE lawsuits as risks to new technology company growth. The latest events claim patent ownership on features now common to consumers. Bookmark on DeliciousDigg this postRecommend on Facebookshare via RedditShare with StumblersTweet about itSubscribe to the comments on this post
Apple v. Samsung puts design patents on display
It’s high noon in the smartphone litigation world, as Apple v. Samsung jury selection began this week. Lest readers think this is much ado about nothing, US District Judge Lucy Koh said Apple “has shown a likelihood of establishing both infringement and validity” and has granted a temporary injunction against importation of the allegedly offending [...]
Judge Posner differentiates ‘disabling’ defects from mere ‘weaknesses’ in patent damages
Several recent and celebrated cases have raised the bar for measuring damages in patent litigation. Courts have tightened the application of the entire market value rule, all but barred the use of the 25% rule of thumb, insisted on apportionment of damages between patented and unpatented technologies, and rejected allegedly comparable licenses used in reasonable [...]
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