Deciding Patent Venue: How TC Heartland Changed the Game

For decades, under section 28 U.S.C. § 1391, the federal court system permitted the plaintiff to select any judicial district for filing a patent infringement case where the defendant did business, such as sale of accused products. The plaintiff can also file a patent infringement case in the judicial district where the residency of the defendant is present. 28 U.S.C. § 1391 (b) Venue in General - a civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial

New Security Flaw Discovered in Intel Products - Ominously Named "Foreshadow"

This hasn’t been a great year for Intel so far, case in point all the speculation concerning a security flaw in its processors.‘Foreshadow’, or L1TF (Terminal Fault) is a security vulnerability that takes advantage of a feature called Speculative Execution. It was first discovered by two sets of researchers in January 2018.Two security threats Meltdown and Spectre had caused lots of trouble to the company earlier this year, and this new one is somewhat similar to them. Speculative execution is widely used in most modern processors to enhance performance. The concept requires assuming succeeding instructions, instead of waiting for the previous one to be executed. If the prediction comes out

Arista agrees to pay $400 million to Cisco

Cisco and Arista have ended a 4-year-old legal conflict over networking patents. Arista is set to pay Cisco a total of $400 million in damages in order in order to settle the dispute. The two companies have decided to use an arbitration process to address any patent issues which arise regarding new products that come out in the next three years. In a joint statement, they stated - “Cisco and Arista have come to an agreement which resolves existing litigation and demonstrates their commitment to the principles of IP protection. They have agreed that, with limited exceptions, no new litigation will be brought over patents or copyrights to existing products, for five years.” (source) Arista wa

IBM wins $82 million against Groupon over e-commerce patents

A U.S. jury awarded IBM $82.5 million after finding that Groupon infringed four of its e-commerce patents. It had been a running battle between the two companies since 2016, when IBM accused Groupon of failure to license technology and intellectual property which provided the foundation of e-commerce. Initially, IBM sought damages worth $167 million, which Groupon managed to bring down to half its value (source). The verdict underlines IBM’S booming intellectual property licensing business, which brought $1.19 billion for the company the previous year. IBM holds more than 45000 patents and is widely regarded as the most prolific patentee in modern history. Midway through their first full da

When Claim Charts Do More Harm Than Good For Patent Litigation and Licensing

Claim Charts (infringement contentions) are one of the most important component in a patent infringement case and are often a legal requirement as per most US District Courts’ local patent rules. Claim charts serve the purpose of giving the Defendants notice of the infringement read, on a limitation-by-limitation basis and eventually become the basis (and exhibits) for the infringement expert report(s) in the case – undergoing multiple iterations as discovery proceeds in the case and new facts are uncovered. Yet, not all charts are born equal – and courts have on several counts punished plaintiffs for not meeting their burden of proof in their claim charts. On even more counts, plaintiffs ha

LG and Ericsson Sign Global Patent Cross-Licensing Agreement

It never ceases to amaze me how fast the wireless communication sector has evolved. To keep up with the expectations of the consumer, in terms of faster speed and stronger connectivity, the pioneers in the industry have worked their fingers to the bone. And hence fueling the contest, as to who rules the markets. LG and Ericsson have been one of the largest contributors to the 2G, 3G and 4G standards, and are determined to even dominate the 5G domain. Lately, the 2 companies had been in a patent licensing dispute which they finally decided to settle out of court. They’ve also renewed their global licensing agreement along fair, reasonable and non-discriminatory (FRAND) terms, covering both co

Family Federation of World Peace sues World Peace and Unification Sanctuary over “12 Gates" tra

Rev. Hyung "Sean" Jin Moon, a South Korean-American pastor has been accused of illegally using the decades old trademarked “Twelve Gates Mark” symbol of the Unification Church. The lawsuit against Rev. Moon was filed on Monday in the U.S. Middle District Court in Harrisburg by the Unification of World Christianity (also known as the Family Federation of World Peace). The plaintiff claimed that he had stolen the symbol for his own church, World Peace and Unification Sanctuary, to support his rather radical gun-centered theology. The plaintiff asserted that the political and religious ideologies on which Rev. Moon formed his cult were demeaning, and were worried it might degrade the reputation

Is your patent expiring? Here's how to calculate patent expiration dates!

Every government has a duty to encourage innovations that are unique and useful to the society. Building a mechanism which ensures product credibility is one of the reasons why we need patent law. Patents give an inventor the right to exclude others from making, selling or using the invention and in lieu, the inventor discloses the invention to the world – so that the world advances its collective knowledge. Yet – the exclusivity granted to the inventor may also cause hindrance to the society and imbalance in economies – which is why patent rights come with an expiration date. Once a patent expires, the invention falls into “public domain” which means it can be practiced by anyone without ow

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