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For the last few decades, corporations ranging from startups to large multinationals first turned to utility patents to protect their innovative software. These patents protected everything from the minute details of microprocessor operation (e.g., Intel’s microprocessor power
Latest from Flat Fee IP - Page 3
Possibility of More Reform Spurs Increase in Patent Case Filings
Lex Machina’s Spring 2015 Patent Case Filing Trends:
Patent case filings have been generally higher in the first five months of 2015 than in the last 8 months of 2014. May of 2015 had the most patent cases filed
In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?
OIP Technologies v. Amazon.com and IPC v. Active Network are the most recent of a growing number of decisions dismissing software and business method patent lawsuits on the pleadings. In these decisions, the
Patent Litigation Fee Awards: Hourly-Based Lodestar Trumps AFAs
A lodestar is a star used to guide a ship’s navigation
Now that it is easier for prevailing parties in a patent litigation to recover attorney fees [see our previous post], how likely is
Recover Flat Fees (or Not) As Prevailing Party in Patent Litigation
We have entered a new era where the prevailing party in a patent litigation has much better odds of recovering their attorney fees. “Until recently, winning hasn’t felt much like winning, particularly for defendants.” (Judge Grewal in Site Update Solutions
5 Things to Save Time (and Client $) When Using Hague Service Convention
Filed under “wisdom borne of pain” — five things about using the Hague Service Convention that lop hours off of the time spent serving a foreign company in a US-based litigation.
In this particular case, the “wisdom” was gained in
Lost Profit Damages Alive and Well in Patent Cases
Filing Damage Expert’s Reports Under Seal: Some Bright Line Rules
“filing under seal” “damage experts” seal
Patent Troll Required to Explain “Sham Venue” and “Sham Employees” to the Jury
Judge Alsup of the ND California clearly embraces the concept that “judges already have the authority to curtail [non-practicing entity patent litigation] practices: they can make trolls pay for abusive litigation.” Randall R. Rader, Colleen V. Chien & David Hricik,
Awarding e-Discovery Costs to Prevailing Party: Billing Descriptions Dictate What is Recoverable
E-discovery costs incurred by the prevailing party – easily running into the hundreds of thousands of dollars in complex commercial and IP litigations – may be compensable under 28 U.S.C. § 1920(4).
I say ESI costs “may be compensable” advisedly. Not