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 26, 2016

On November 18, 2016, PayPal Inc. filed an objection at the Indian Trademark Office accusing Paytm of trademark infringement, an Indian mobile wallet company. The objection comes at the heels of the recent windfall made by the latter on account of a cash-strapped nation moving rapidly towards a cashless normal.

For six years, Paytm had been steadily becoming a household name in middle-class India – until it really hit the jackpot on November 8, 2016 when the Indian Prime Minister Narendra Modi announced demonetization of currency notes of Rs. 500 and Rs. 1000 – invalidating overnight 80% of the country’s cash in circulation. The drastic move was taken to tackle the vast amou...

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...

December 8, 2016

The biggest IP story this week was the December 6 Supreme Court decision in Samsung Electronics Co. v. Apple, a long fought battle over Samsung's infringement on three utility patents and three design patents owned by Apple. In its first design patent case of this nature in 120 years, Supreme Court's decision not only vacated the lower court's $399 million dollar damages verdict for Apple, asking the parties to go back to the drawing board for a better damages model, but also set a far reaching precedent for design patents in general.

Samsung and Apple first went to war in April 2011 in the U.S. District Court for the Northern District of California, when Apple accused Samsu...

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