Patent Law

5th Circuit Nixes Sanctions Imposed by Federal Judge re Litigant’s Complaints About His Remarks

Saying that a federal judge was disqualified from issuing sanctions in a case that centered on his own alleged remarks showing a lack of impartiality, a federal appeals court has vacated a January order by U.S. District Judge John McBryde imposing penalties on a patent litigant and his lawyers. The…

Apr 7, 2011 12:10 AM CDT

Federal Judge Axes $625.5M Patent Award Against Apple, Says Mirror Worlds Didn’t Prove Case

A federal judge in Tyler, Texas, has axed a $625.5 million jury award against Apple Inc., saying that plaintiff Mirror Worlds didn’t prove its case. One of the largest patent infringement awards ever made, the verdict concerned software for Apple mobile devices that allegedly made illegal use of patented technologies,…

Apr 5, 2011 9:20 PM CDT

Federal Circuit Order Leads to Dismissals in at Least 18 Suits over Expired Patent Marks

A March order by the U.S. Court of Appeals for the Federal Circuit has led to dismissals of at least 18 lawsuits seeking damages for products carrying patent marks even though their patents have expired. At least one lawyer has seen opportunity in qui tam provisions that allow individual lawsuits…

Apr 5, 2011 10:30 AM CDT

Court May Make It Easier to Invalidate an Invention

The small software firm i4i limited Partnership punches above its weight. Its clients include heavyweights like Amgen, Bayer, Biogen Idec, Warner Chilcott, Merck and Novo Nordisk. But the Toronto-based firm may have landed its biggest blow in 2009, when the company successfully sued Microsoft for patent infringement and won a…

Apr 1, 2011 7:30 AM CDT

First-to-File Patent Reform Bill Goes to House; Small Businesses Oppose Change

A patent reform bill that switches to a “first to file” system passed the Senate and heads to the House, with lobbying support from a large law firm. Akin Gump Strauss Hauer & Feld and the Palmetto Group were paid $1.4 million by a coalition backing the America Invents Act,…

Mar 28, 2011 5:03 PM CDT

4 Howrey Patent Litigation Partners Join Perkins Coie

Add another four partners to the ever-lengthening line exiting Howrey in advance of a possible dissolution vote there this week. Four patent litigators are joining the Palo Alto office of Perkins Coie, their new firm announced today in a press release. They are: James Valentine, a member of Howrey’s management…

Mar 8, 2011 9:15 PM CST

Suit Claims Colgate’s ‘Try Me’ Button Infringes Competitor’s Patent

An infringement suit filed last month alleges a “try me” button on electric toothbrushes sold by Colgate-Palmolive Co. infringes a competitor’s patent. The suit was filed in New Jersey federal court on Feb. 23 by Church & Dwight, which sells electric toothbrushes through its Arm & Hammer brand, the Wall…

Mar 1, 2011 1:48 PM CST

While Urging Prospective Clients to ‘Reject Convention,’ New Firm Is, In Some Ways, Very Traditional

Seven BigLaw refugees urge potential clients to “reject convention” and utilize the services of their new intellectual property boutique on Feinberg Day Alberti & Thompson’s website. Their Palo Alto, Calif., firm is unusual because it staffs every case with experienced patent litigation partners—Feinberg Day has no associates—and yet charges clients…

Feb 28, 2011 11:00 AM CST

Subway Sued by Midwest Chain Asserting Right to Advertise Its ‘Footlong’ Sandwiches

A legal dispute in Iowa has some of the trappings of high school: food fights and grammar debates. The legal clash revolves around whether “footlong” is a noun that describes Subway sandwiches or an adjective that can be used to describe any 12-inch sandwich, the Des Moines Register reported. Iowa-based…

Feb 16, 2011 10:54 PM CST

Lawsuit Says Twitter Infringed Lawyer’s Patent for ‘Virtual Community of Famous People’

A company formed by an intellectual property lawyer claims in a lawsuit that Twitter is infringing a patent he obtained in 2002 for “an interactive virtual community of famous people.” Lawyer Dinesh Agarwal’s original patent describes a “method and system” to create such virtual celebrity communities, according to PaidContent.org. He…

Jan 21, 2011 12:51 PM CST

Patent Law Issue Puts $33M Law Firm Malpractice Case Squarely Into Federal Court

Vacating a dismissal by a U.S. District Court, an appellate panel has ruled that a patent law issue in a $33 million malpractice claim against a Detroit-based law firm puts the case squarely into federal jurisdiction. Because at least one of the plaintiff’s claims in Warrior Sports Inc. v. Dickinson…

Jan 13, 2011 9:16 PM CST

Appeals Court Reinstates Uniloc Win in Microsoft Case, But Calls for New Trial re $390M Jury Award

A federal appeals court has reinstated a jury verdict against Microsoft Corp. in favor of anti-piracy software maker Uniloc USA Inc. However, a $388 million jury award to Uniloc in the patent case was “fundamentally tainted,” requiring a new trial on damages, said the U.S. Court of Appeals for the…

Jan 4, 2011 7:00 PM CST

Apple App Aims to Squash Sexting

If zealous prosecutors and Tiger Woods can’t stop sexting, maybe Steve Jobs can. In October, Apple obtained a patent (US 7814163) for technology that serves as an anti-sexting control and an educational tool. Titled “Text-based communication control for personal communication device,” the patented technology allows iPhone administrators (read: parents) to…

Jan 1, 2011 9:20 AM CST

Amazon Patents Gift-Return Process

For those who find certain gifts frightful rather than delightful, relief may be on the way for a future holiday season. Amazon has quietly patented a process for returning unwanted gifts from your nearest and dearest, reports the Washington Post. Depending on the rules the recipient sets, gifts could be…

Dec 28, 2010 4:05 PM CST

Suit Accuses L.L. Bean Supplier of Christmas Tree Infringement

A hot-selling tabletop Christmas tree for sale by L.L. Bean is at the center of a legal dispute between two competitors. According to a lawsuit, the tree by Whitney Originals Inc. infringes the patented design of a tree made by Worcester Wreath, which had been L.L. Bean’s supplier before last…

Dec 1, 2010 12:29 PM CST