Archive for 'Patent'
Written By: Derek Richmond The Court of Appeals for the Federal Circuit recently decided Ibormeith v. Mercedes-Benz, No. 2013-1007 (CAFC Oct. 22, 2013) (“Ibromeith”). Ibormeith sued Mercedes-Benz for infringing U.S. Patent No. 6,313,749 (“the ‘749 patent”) titled “Sleepiness Detection for Vehicle Driver or Machine Operator.”
Written By: Paul F. Prestia The Government Accounting Office (GAO) has now released a report on the study of patent litigation mandated by the Leahy Smith America Invents Act (AIA). The report indicates GAO found little support for congressional concern for economic harm arising from patent infringement litigation brought by patent monetization entities (PMEs, or [...]
Written By: Brian P. O’Shaughnessy This article appeared in the August 2013 issue of Technology Transfer Tactics. Click here for a free sample. As a top-tier research institution, the University of California at Los Angeles (UCLA) has all kinds of academic accolades, world-famous scientific faculty, and a sterling reputation. However, UC regents have concluded that [...]
Posted: August 30th, 2013 under Patent.
Written By: Michael P.F. Phelps This article was first published in the August 2013 issue of The Federal Lawyer. Reining in knockoffs is a difficult and necessary challenge for any company that produces distinctive items to estab¬lish and maintain its market share. Imitation products can range from simple carbon copies to more subtle likenesses that [...]
Posted: August 22nd, 2013 under Patent.
Non-Practicing Entities Face An Uphill Battle In Proving The Domestic Industry Requirement At The ITC
The International Trade Commission (“ITC”) has come under fire in recent years for permitting non-practicing entities (“NPEs”) to maintain patent infringement actions under Section 337 of the Tariff Act of 1930. This statute provides for injunctive relief as a matter of right against U.S. imports that infringe intellectual property. The controversy over NPE suits at the ITC concerns the threshold issue of “domestic industry,” a standing requirement that every Section 337 complainant must satisfy. Upon close analysis, the concerns over NPE suits at the ITC seem to be somewhat exaggerated.
Valuation of Standard Essential Patents: Enhanced by ITC But Greatly Diminished By Recent District Court Decision
Written By: Paul F. Prestia Standards Setting Organizations (SSO’s) often define standards necessary for interoperability of products from different sources. If a member of the SSO owns a patent that claims an invention necessary to comply with that standard (a Standard Essential Patent or SEP), the member is required to license the patent at a [...]
Written By: Lawrence E. Ashery You might think that “understandable patent claims” is an oxymoron. Patents are usually very challenging to read. The technology described may be difficult to understand, and the claims read like nothing else in the English language. Understanding a well-written claim can be hard. Understanding a poorly written claim might be [...]
Posted: July 3rd, 2013 under Patent.
Written By: Paul F. Prestia and Thomas G. Southard Congress, the Obama Administration, and the International Trade Commission propose a variety of responses, but not everyone is on board.
Written By: Brian P. O’Shaughnessy and Brian S. Seal This article first appeared in the Licensing Executives Society (U.S.A & Canada), Inc.’s Insights Newsletter – June 25, 2013.
Written By: Brian P. O’Shaughnessy and Thomas G. Southard This article first appeared in the Licensing Executives Society (U.S.A & Canada), Inc.’s Insights Newsletter – June 18, 2013.
Posted: June 19th, 2013 under Patent.