Cloud IP Interviews and Articles
Microsoft’s Azure IP Advantage programme puts Amazon’s AWS cloud offering under pressure like never before, IAM, Feb. 27, 2017.
Beware the IP non-assert clause in AWS cloud service agreement, warns ex-Microsoft patent chief, IAM, July 12, 2015.
IPQ: Enhancing Your IP IQ
Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products
Wait For It: “Unreasonable Delay” in Bringing Suit is No Longer a Defense in Patent Cases
Is Every Case Exceptional? Octane Fitness v. Icon Health & Fitness and Fee Awards
Learning the Steps of the BPCIA’s Patent Dance: Notice of Commercial Marketing is Mandatory
Protecting Trade Secrets? Beefy ‘Defend Trade Secrets Act’ to the Rescue
Decoding Patent Eligibility of Diagnostic Methods
Here, There and Everywhere: Jurisdiction and Venue in Patent Cases
New Year, New Privilege: Patent Agents Gain Protection
Concrete Signs of an Abstract Idea: Vehicle Intelligence May Peek Into the Future of Invalidity
Proportionality in Perspective: Old Whine in New Bottles?
On-Sale Bar Raised by Federal Circuit?
Two Sides to the Lens: U.S. Supreme Court and Federal Circuit Take Different Views?
One Thumb Up, One Thumb Down
Apportionment Gets a Whole Lot of Attention in Landmark VirnetX, Inc. v. Apple Inc. (Part I)
Is Alice Ten Feet Tall? New Guide for ‘Unpatentable’ Computer-Enabled Inventions
Defining Indefiniteness: Supreme Court Says “Reasonably Certain”
Induced Infringement Wobbles: Supreme Court Revives “Single Actor”
Not-So-Expert Options? Daubert Challenges Abound in Apple Inc. v. Motorola, Inc.
Easing “Exceptional Case,” Supreme Court Again Relaxes Federal Circuit Rules
New Look at De Novo: Supreme Court Tackles De Novo Review of Claim Construction
Startling Jurisdiction Expansion? “At War” Standard Modifies “Case-or-Controversy” Requirement
EMVR’s Night of the Living Dead: EMVR Affects Damages Post-LaserDynamics
New “Belief” Defense to Induced Infringement: Fixing What Isn’t Broken?
Taking Exception to “Exceptional Case”? Supreme Court Scrutinizes Rules
Keeping the Door Ajar? Federal Circuit Says “It Ain’t Over ‘Til It’s Over”
Top Secret or Tipped Secret? “Sealing Documents” Not So Simple
Nature or Nurture? Myriad Decoded for Non-Biochemists
Rand Royalties Revived: Does Microsoft Represent a “Georgia-Pacific” Test for Patent Royalties? (Part II)
Rand Royalties Refreshed: A Primer for a Modified Georgia-Pacific Patent Royalties Test? (Part I)
“Arising Under” Jurisdiction Put Asunder? Supreme Court Adds Strokes to “Jackson Pollock” Canvas
Big Changes Signaled for Patent Litigation? Federal Circuit Plays En Banc Card
Tight Corner for Patent Injunctions? New “Drivers Demand” Test Portends Mischief
Not So Fast… Third Circuit Leaves Skid Marks on ESI “Costs”
Knotty or Nice?
Lump Sum Under the Carpet? Can’t Sweep 29 License Agreements under Reasonably Royalty Rug
EMVR = Unobtainium? Federal Circuit Sets Unreachable Bar
Two-Edged Sword: How ‘Likely’ Will Preliminary Injunction Cut the Wrong Way?
Aiming for the Heart? Judge Posner Slings Arrows at Patent Damages
Another Domino? The Conundrum of Antitrust Policy v. Patent Rights
What’s the Use? Understanding Method vs. Apparatus Use Infringement
Claims Gone Wild? Courts Limit Number of Asserted Claims
Win by Losing? Courts Applying New Rules to Ongoing Royalties
Disarming ‘Atomic Bomb’: Federal Circuit Clips Inequitable Conduct
Knock It Off! Court Raises Bar for Inducing Infringement
“Cardinal Sin” – The Solution (Part II): Limiting Imitations In Claim Construction
“Cardinal Sin” – The Problem (Part I): Importing Limitations in Claim Construction
Noose or Loose? Mind the Ensnarement Trap Door
Stuff that Genie Back in the Bottle: Stop Wishful Thinking About Royalty Base, Rate and the EMVR
Avoiding the Train Wreck: A $200 Million Lesson
Bayh-Dole Scope Shrinks
June 9, 2011
Has the Bayh-Dole Spigot Run Dry?
False Marking Update: The Beginning of the End or the End of the Beginning?
Double the Trouble Double the Fun? Working with Hybrid Witnesses Under New Rule 26(a)(2)
When It Takes Two to Tangle: Seven Things About Joint Infringement
‘Who’d a Thunk It’ – Settlement Licenses Gain Traction and Put the Squeeze on NPE’s
Ghost of Claims Past – A Short Refresher on Jepson Claims
When is Final ‘Final – Judgment Decisions to Guide Your Path
Don’t Get Spooked by Means-Plus-Functions ‘Equivalents’
Everything Under the Sun or Partial Eclipse? Ten Rules for Patentable Subject Matter
What’s Behind the Curtain? Exposing the Case Up Front with Twombly and Iqbal
What to do Until the Life Guard Arrives . . . False Marking Claims After Forest Group and Solo Cup (Part II)
Much Ado About Not Much? False Marking After Forest Group, Inc. v. Bon Tool Co., (Part I)
Untangling a Mess in Texas: Lessons Learned From Transferring Venue in the Eastern District
Assignor Estoppel: You Can’t Bite the Hand That Fed You
Where to Begin? . . . How to Calculate “Reasonable” Percentage Rates for Reasonable Royalties
Once Upon a Trial: Ten Tips for Telling Your Patent Story
Beauty or the Beast? Ten Rules for 30(b)6) Corporate Depositions in Patent Cases
Extra-What? “Clear” Rules Continually Clarified on Extraterritorial Application of Patent Laws
Watershed Damages Decision? CAFC Weighs in on Issues, Proof Requirements
Intellectual Property Rights: Who’s on First?
Cracking Open the Book of Wisdom: Where the Past Can Become the Present
Analyzing Patent Exhaustion – Tired Yet?
Some Things Never Change: Apportionment and the “Entire Market Value Rule”
Marking – Old Wine in New Bottles
Six Rules on the Road to Lost Profits Damages