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Page 1 of 60 Sector - IP litigation

If US patent reformers are successful they will create a regime that only benefits the big boys

Over on the IP Watchdog blog Gene Quinn has published a fascinating interview with Ray Niro, one of the US’s leading patent litigators and the senior partner of a firm that has won a particularly strong reputation for winning big awards for its clients – many of which are non-practising entities. Because of the types of client that Niro represents a lot of people do not like him or his firm. Do an internet search for either and the term “troll” pops up with ...

Posted by Joff Wild, IAM Magazine on 20 July 2014 @ 11:23AM
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Europe’s UPC transitional provisions mess means complete uncertainty for one and all

We learned last week from Bristows partner Alan Johnson that the transitional provisions relating to Europe’s forthcoming Unified Patent Court (UPC) regime are something of a mess. This week, we find out that things could be even worse than previously explained. Basically, at this stage no patent owner in Europe – actual or prospective – can plan with any certainty, because as yet there are just too many issues up in the air. Simply put, as of now no-one can say ...

Posted by Joff Wild, IAM Magazine on 18 July 2014 @ 2:26PM
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Real patent trolls don’t use the US courts – it’s way too expensive

If you need further confirmation of the expensive minefield that is patent litigation in the US then PwC’s latest annual study is worth a look. Many of it key findings will be familiar – patent cases up again, number of patents granted on the rise, median damages awards down (to $4.3m), and the most popular venues for plaintiffs Texas Eastern, Delaware, Virginia Eastern and Wisconsin Western. For the first time, however, the Big 4 accountant looked at appeals to the ...

Posted by Richard Lloyd, Intellectual Asset Management on 15 July 2014 @ 6:27PM
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Conversant launches new anti-patent troll campaign

Despite the deep divisions that exist over patent reform, perhaps the one element where most members of the patent community agree change needs to happen, is over the frivolous demand letters that some bad actors send to demand licensing fees, particularly from small businesses.   Although a more comprehensive patent reform bill failed in the US Senate in May, last week the House of Representatives’ Commerce, Manufacturing and Trade Subcommittee, which is an arm of the ...

Posted by Richard Lloyd, Intellectual Asset Management on 14 July 2014 @ 6:12PM
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The transitionary regime for Europe's new patent litigation system - a dangerous mess

Up to now those reading the articles on Europe’s unified patent court (UPC) on the IAM blog, put together exclusively for us by Bristow’s partner Alan Johnson, might have assumed that the new system is going to be a very favourable one for plaintiffs. But while this may turn out to be the case, there is one big elephant in the room that could change the picture completely. In the article below Alan looks at the transitional provisions that will apply as the new regime ...

Posted by Joff Wild, IAM Magazine on 11 July 2014 @ 2:12PM
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Google, Canon and the other LOT Network founders deserve high praise for their new initiative

Thanks to information provided by the License On Transfer Network (LOTNet), I now understand that patent assertion entities want to make money; they “clearly seek to generate a return by enforcing patent rights against operating companies”, LOTNET explains. “They acquire patents from other companies and are motivated by profit.” Whoever would have thought it - commercial enterprises interested in generating a return? Heaven forbid that LOTNet’s current ...

Posted by Joff Wild, IAM Magazine on 10 July 2014 @ 4:08PM
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In praise of Judge Koh’s ‘patent troll’ ban in GPNE v Apple

Judge Lucy Koh has barred Apple from using the term ‘patent troll’ – along with a host of similarly controversial and vague terms – in its defence against a Northern California patent suit brought by NPE GPNE Corporation. As reported by Forbes, ‘privateer’, ‘pirate’, ‘bounty hunter’, ‘bandit’, ‘shakedown’ and ‘corporate shell game’ are among the other terms proscribed by Koh, who is ...

Posted by Jack Ellis, IAM Magazine on 03 July 2014 @ 5:01PM
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Forum shopping in Europe's brave new patent world - bad news for defendants (probably)

In his latest bulletin on some of the issues raised by the creation of the Unified Patent Court (UPC) in Europe, Bristows partner Alan Johnson takes a look at the potential for forum shopping under the new regime. Previously he has written on preliminary injunctions and final injunctions/bifurcation. While the degree to which forum shopping will be an attractive and feasible option for plaintiffs is still not entirely clear, what does seem certain is that a defendant will have only ...

Posted by Joff Wild, IAM Magazine on 03 July 2014 @ 8:18AM
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Gutierrez leaves Microsoft's IP group to oversee legal issues in company's move to the cloud

After eight years in charge of Microsoft’s worldwide IP group Horacio Gutierrez is today starting a new job at the company. Following an internal reshuffle instigated by general counsel Brad Smith, Gutierrez takes charge of the Products and Services Group in the Legal & Corporate Affairs (LCA) Department, where he will be responsible for overseeing the big move the company is currently making into the cloud. He will be replaced at the Innovation and IP Group by Erich ...

Posted by Joff Wild, IAM Magazine on 01 July 2014 @ 12:16AM
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Hon Hai seeks to monetise patents acquired from NEC in suits launched against Japanese trio

Over recent years Hon Hai has proved itself to be an Asian IP pioneer, and now the Taiwanese business – which is one of Apple’s main manufacturing partners in its other guise as Foxconn – is doing it again. It was announced last week that the company’s US affiliate MiiCs & Partners is suing Toshiba, Funai Electric and Mitsubishi Electric in Delaware’s Federal District Court, alleging infringements of patents relating to LCD display products.

Posted by Joff Wild, IAM Magazine on 29 June 2014 @ 2:47PM
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