December 29, 2016

Our present generation is most defined by the advent and rise of the smartphone, which brought technology from our desktops to our hands and further to our wrists. In a fray that saw technology companies like Apple grow to be world's most valuable companies, the fight for market dominance has been fought as much in the marketplace as in patent courts - starting with Nokia attacking Apple in a series of lawsuits in 2009 and 2010.

Nokia filed its first patent case against Apple, igniting the so called smartphone patent wars, on October 22, 2009 in the US District Court for Delaware. Nokia was visibly seething from the loss of its earlier prominence on the industry and as it be...

December 21, 2016

"Few tasks excite a defendant less... Engineers and management howl at the notion of providing strangers, and especially a fierce competitor, access to the crown jewels. Counsel struggle to understand even exactly what code exists and exactly how it can be made available for reasonable inspection. All sorts of questions are immediately posed... Put simply, source code production is disruptive, expensive, and fraught with monumental opportunities to screw up." 

Apple Inc. v. Samsung Elecs. Co., No. 11-1846, 2012 U.S. Dist. LEXIS 62971, *10-11 (N.D. Cal. May 4, 2012) (ECF No. 898).

The last five years have seen an enormous change in the U.S. judici...

November 14, 2016

As per the statistics from 2015, almost 90% of petitions instituted at the PTAB result in at least one claim being invalidated – while 20% of the petitions result in a full invalidation of all asserted claims.

80% of PTAB petitions that are fully instituted result in successful invalidity – and the rate drops to almost 50% for partially instituted petitions. This statistic highlights an important point – a deep and diligent invalidity effort at the institution stage greatly increases the success rate for the petitioners. Even outside the realms of the PTAB, invalidity through §102 and §103 prior art issues remains the most popular and successful strategy for defense. 

Finding...

October 21, 2016

The pendulum against covered business methods and software continues to swing backward or forward depending on whom you ask. Patent litigation statistics from 2014 and 2015 show that patent litigation on the whole decreased by over 13% - while NPEs in general increased their share of filings in the last year. America Invents Act and Alice-related decisions failed to rein in the number of case filings, contrary to knee-jerk public opinion.

However, one effect the America Invents Act and Alice did have is that plaintiffs, especially NPEs, find it increasingly difficult to successfully argue broad infringement reads. At the same time, plaintiffs are also required to furnish inc...

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