Patent Law

Oops! Mislabeled docket notices don’t excuse blown deadline in $40M appeal, appeals court says

AT&T’s $40 million appeal of a patent judgment is doomed because its lawyers relied on mislabeled docket notices and missed a deadline, according to the U.S. Court of Appeals for the Federal Circuit. The appeals court said lawyers for AT&T should have checked the online docket rather than relying on…

Mar 23, 2015 5:45 AM CDT

Law school clinics join to help battle patent trolls

It is a sad but all-too-familiar tale. A small firm is accused of infringing a dubious patent, but if the firm defends itself in court, it risks years of litigation, millions in legal fees and a devastating award for infringement damages if it loses. Thus, many firms reluctantly settle, often…

Mar 1, 2015 2:50 AM CST

Business-method and software patents may go through the looking glass after Alice decision

Few U.S. Supreme Court rulings have been embraced so enthusiastically. As soon as the court handed down its decision in Alice Corp. v. CLS Bank last June, lower courts and the U.S. Patent and Trademark Office began displaying a new, marked hostility toward software and business-method patents. They are now…

Feb 1, 2015 2:40 AM CST

‘Clear error’ standard of review in factual disputes applies in patent claims, SCOTUS says

The U.S. Supreme Court has ruled for a drug company fighting generic competitors in a decision on the proper standard of review in patent infringement cases involving factual issues. In a 7-2 decision (PDF), the Supreme Court held that factual conclusions by trial judges in claim construction cases should be…

Jan 20, 2015 10:45 AM CST

SCOTUS accepts Spider-Man patent royalty case; petitioners want court to overrule 1964 precedent

The U.S. Supreme Court on Friday agreed to decide whether to overturn precedent that bars the inventor of a Spider-Man toy from collecting contracted royalties after his patent expired. A cert petition (PDF) filed on behalf of inventor Stephen Kimble argues that the 1964 Supreme Court case, Brulotte v. Thys…

Dec 15, 2014 6:15 AM CST

Lawyer’s tech tools track litigation, predict chances of success before patent board

A patent lawyer frustrated with the ability to track cases related to the suit against his client turned to his previous experience as a software engineer for an answer. Lawyer Michael Sander built an automated alert tool to notify lawyers about case developments and created a legal technology firm, Docket…

Dec 12, 2014 9:55 AM CST

BigLaw patent lawyer faces possible sanction over petition filed with US Supreme Court

A Washington, D.C., lawyer is facing an unusual U.S. Supreme Court attorney discipline case over a petition he filed with the court in a patent case. In a brief Monday order (PDF, scroll down), the court gives Foley & Lardner partner Howard Shipley 40 days to show cause why he…

Dec 9, 2014 5:05 PM CST

Former in-house patent lawyer admits $5M billing scheme, will reimburse Hunter Douglas

Sued in federal court in Denver, a former lead in-house patent lawyer for Hunter Douglas Inc. has admitted a billing scheme that diverted more than $5 million of company funds to a patent-search firm he secretly controlled and promised to repay the money. Jason Throne, 53, said in court papers…

Dec 8, 2014 5:05 PM CST

Threatened patent suits amounted to deceptive tactics, FTC alleges; law firm and client settle

The Federal Trade Commission has settled a complaint against a Texas law firm and its client that alleged their threatened patent suits amounted to false or misleading statements. Law firm Farney Daniels and its client MPHJ Technology Investments agreed in a consent order (PDF) to stop making misrepresentations in letters…

Nov 10, 2014 6:15 AM CST

Federal appeals court blasts attorney for forwarding chief judge’s congratulatory email

After receiving a congratulatory email earlier this year from the sitting chief judge of the U.S. Court of Appeals for the Federal Circuit, a prominent patent lawyer did what the email expressly suggested and forwarded the praise to others. Edward Reines sent the email to more than 70 current or…

Nov 5, 2014 4:18 PM CST

US creates new office to harmonize the global patent system

In a global economy, patents are a problem. So far, no good system exists to harmonize the patchwork of international laws and regulations for patent protection worldwide. While businesses and governments around the world have responded by working on international patent harmonization and expediting claims, there is still work to…

Oct 1, 2014 4:30 AM CDT

Patent lawyer faces $5.9M malpractice suit over wrong bra-insert dimensions

A BigLaw attorney got the drawings right in a patent application for silicone bra inserts intended to enhance the purchaser’s cleavage. But Bernard Codd of McDermott Will & Emery didn’t accurately describe the inserts in the written portion of a 2009 patent application, leaving now-former client Debra MacKinnon without enforceable…

Aug 19, 2014 5:40 PM CDT

Government paralegals making up to $80K had little work to do, report says

Dozens of paralegals hired in 2009 to combat a growing backlog of patent appeals were often idle because a hiring freeze halted hiring of judges to hear the cases, according to a new report. The work-at-home paralegals filled their time surfing the Internet, doing household tasks, watching TV and exercising,…

Aug 1, 2014 12:53 PM CDT

Federal Circuit gets reined in over patent fees in infringement suits

The U.S. Supreme Court under Chief Justice John G. Roberts Jr. is divided on many issues, but not when it comes to patents. In that area of the law, the court has spoken largely with one voice in recent years, and it has repeatedly pronounced bad news for both patentees…

Jul 1, 2014 8:50 AM CDT

Samsung and Quinn Emanuel must pay $2M for revealing ‘attorneys’ eyes only’ info, judge rules

A major law firm and its client must pay a patent litigation opponent more than $2 million in legal fees and costs, a federal judge in California has ruled. The award covers the expense of litigating a sanctions motion and discovery dispute over the revelation of “attorneys’ eyes only” information…

Jun 24, 2014 6:10 PM CDT