Gibbons Law Alert

Gibbons Law Alert

Tagged: Patent

Apple v. Motorola – An End to the Smart Phone Wars or the Harbinger of New Standards for Proving Damages and Injunctions?

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Posted in Patent

On June 29, 2012

Judge Posner’s ruling in Apple v. Motorola last week may have brought an end to the patent war between the parties, but may be a harbinger for tougher standards for proving patent damages and injunctions. Apple and Motorola have accused each other of infringing patents directed to cell phone technology. Following a Daubert hearing, Judge Posner excluded the parties’ damages experts as unreliable. Because the parties cannot prove their respective damages without admissible expert opinion, the Court dismissed the case with prejudice.

Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.: Federal Circuit Explains Willful Infringement

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Posted in Patent

On June 20, 2012

Last week, in Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc., the Federal Circuit issued a precedential opinion concerning the willful infringement standard articulated in In re Seagate Technology, LLC (“Seagate”). After affirming the United States District Court for the District of Arizona, appellant Gore filed a petition for rehearing and rehearing en banc, challenging the District Court’s willfulness analysis. The Federal Circuit granted Gore’s petition for rehearing en banc for the sole purpose of determining the standard of review applicable to willful infringement.

Key for IP Practitioners: Preparation, Preparation, Preparation!

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Posted in Licensing / Patent

On June 14, 2012

Two recent decisions highlight the importance of proper preparation during patent litigation, from the perspective of both plaintiffs and defendants. In In re Bill of Lading, No. 2010-1493, 2012 U.S. App. LEXIS 11519 (Fed. Cir. June 7, 2012), the Court held that direct infringement only needs the same level of pleading as that outlined in Form 18 (which is a sample complaint for direct infringement) of the Appendix of Forms to the Federal Rules of Civil Procedure, while in contrast, indirect infringement needs to be pled in accordance with the higher standard delineated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). In re Bill of Lading, 2012 U.S. App. LEXIS 11519, at *17-27.

USPTO Offers IP Awareness Assessment

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Posted in Patent

On June 11, 2012

Under the joint auspices of the US Patent and Trademark Office the National Institute of Standards and Technology/Manufacturing Extension Partnership, the IP Awareness Assessment is now in the beta stage and available for businesses and inventors to assess their intellectual property awareness. Dubbed “A business and inventor’s IP education tool,” this web-based offering is designed to assess IP knowledge and provide personalized training resources for businesses and inventors.

Merial v. Cipla: Finding Jurisdiction Over Foreign Patent Infringers

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Posted in Patent

On June 5, 2012

In Merial Ltd. v. Cipla Ltd., the Federal Circuit recently reviewed an appeal from the Middle District of Georgia that found defendant Cipla (an Indian company) in contempt for violating an earlier injunction and finding co-defendant Velcera in contempt for acting in concert with Cipla to violate that injunction. The case arose from Cipla’s alleged infringement of Merial’s patents directed to flea and tick protection compositions, and Cipla’s underlying challenges to the District Court’s exercise of personal jurisdiction over it.

Strategic Growth in the Face of a Recession: Gibbons IP Department Continues to Soar While Matching Clients’ Needs

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Posted in Patent

On May 25, 2012

David E. De Lorenzi, Chair of the Gibbons Intellectual Property Department, was interviewed recently by Metropolitan Corporate Counsel regarding the IP Department’s strategic growth strategies during the recent economic downturn and the resulting added benefits to the firm’s clients. A copy of the complete interview may be viewed here.

Following Kappos v. Hyatt, Supreme Court Denies Certiorari in Streck v. R&D Systems

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Posted in Patent / USPTO

On May 23, 2012

The Supreme Court on Monday denied Research & Diagnostics Systems Inc.’s petition for a writ of certiorari to consider the degree of deference that should be afforded administrative decisions of the PTO on appeal to Federal District Court when new evidence is presented. Streck Inc. sued R&D Systems, a blood test technology company, for patent infringement in Federal District Court. A Nebraska jury held R&D Systems liable for infringement following a finding that it had failed to establish a claim of priority over the disputed patents. In a parallel interference proceeding, the PTO awarded priority to R&D Systems. Streck appealed the PTO ruling in District Court under 35 U.S.C. § 146, where a patent holder may appeal a PTO determination concerning priority made pursuant to an interference proceeding.

Twitter’s Twist on Patents

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Posted in Patent

On May 17, 2012

Last month, Twitter introduced a draft of a radical employee patent assignment plan that the company hopes will play a part in a world “that fosters innovation, rather than dampening it.” The popular social media platform hopes that this initiative will affect how companies use their patents, which according to Twitter, sometimes impedes the innovation of others.

Recent Impact of Reexams on Stays in E.D. Texas

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Posted in Patent

On May 15, 2012

A district court’s inherent powers to control its docket and to stay proceedings are well-settled, harkening back to at least Landis v. N. Am. Co., 299 U.S. 248 (1936). Within the Eastern District of Texas, in determining whether a stay is warranted pending reexamination in a patent litigation, district courts typically consider factors such as whether a stay will unduly prejudice one party; whether a stay will simplify the issues in the case; and whether discovery is complete and a trial date has been set. E.g., Soverain Software LLC v. Amazon.com, Inc., 356 F.Supp.2d 660, 662 (E.D.Tex.2005).

Intellectual Property and the U.S. Economy

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Posted in Patent / Trademarks

On April 26, 2012

The U.S. Commerce Department recently released a comprehensive report, entitled “Intellectual Property and the U.S. Economy: Industries in Focus,” which identified 75 industries as IP intensive. The Report found that IP at such industries supported at least 40 million jobs in 2011. As of 2010, IP comprised more than $5 trillion dollars, or 34.8 percent of, U.S. gross domestic product (GDP) and accounted for 27.1 million American jobs. Between 2010 and 2011, the U.S. economic recovery resulted in a 1.6% increase in direct employment in IP-intensive industries, faster than the 1.0% growth in non-IP-intensive industries.

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