Overlawyered » patent litigation http://overlawyered.com Chronicling the high cost of our legal system Tue, 31 Mar 2015 11:53:04 +0000 en-US hourly 1 http://wordpress.org/?v=4.1.1 Intellectual property roundup http://overlawyered.com/2014/12/ip-roundup-3/ http://overlawyered.com/2014/12/ip-roundup-3/#comments Thu, 11 Dec 2014 05:05:24 +0000 http://overlawyered.com/?p=46915 Supreme Court suggests sanctions against patent practitioner over eccentric if not incomprehensible certiorari petition [Will Baude] Some copyright and patent owners pursue market-based self-help remedies against infringement [Glenn Lammi/WLF, more] DC Comics sues Spain’s Valencia soccer team because its bat logo is too similar to that of Batman [Yahoo] Federal judge dings California lawyer $87K, […]

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  • Supreme Court suggests sanctions against patent practitioner over eccentric if not incomprehensible certiorari petition [Will Baude]
  • Some copyright and patent owners pursue market-based self-help remedies against infringement [Glenn Lammi/WLF, more]
  • DC Comics sues Spain’s Valencia soccer team because its bat logo is too similar to that of Batman [Yahoo]
  • Federal judge dings California lawyer $87K, finding suit against online news aggregator to be baseless [ABA Journal]
  • “Evidence from opera on the efficacy of copyright” [Michela Giorcelli/Petra Moser, SSRN via Tyler Cowen]
  • Go ask Alice: patent litigation takes a hit after SCOTUS ruling [Legal Ethics Forum, Alex Tabarrok]
  • Adam Carolla managed to crowdfund defense against patent plaintiff, usual cautions against trying this at home [Above the Law]
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    “Targeting Rogue and Opaque Letters” http://overlawyered.com/2014/07/targeting-rogue-opaque-letters/ http://overlawyered.com/2014/07/targeting-rogue-opaque-letters/#comments Thu, 17 Jul 2014 04:15:32 +0000 http://overlawyered.com/?p=47124 A House panel approves a bill aimed at patent demand letters that are in bad faith or based on invalid patents [Reuters] Tags: nastygrams, patent litigation, patent trolls

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    A House panel approves a bill aimed at patent demand letters that are in bad faith or based on invalid patents [Reuters]

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    Intellectual property roundup http://overlawyered.com/2014/06/intellectual-property-roundup-6/ http://overlawyered.com/2014/06/intellectual-property-roundup-6/#comments Tue, 03 Jun 2014 04:05:43 +0000 http://overlawyered.com/?p=45446 Supreme Court tackling patent law in several cases this term [Sartori and Aga, WLF; Richard Epstein; Kristen Osenga/Prawfs] New fee-shifting regime announced in Octane Fitness already bringing relief to litigants [Ars Technica on Lumen View/FindTheBest case] Copyright claims on intrinsically newsworthy material: curious claim concerning suicide note [Eugene Volokh] “Is it copyright infringement to post […]

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  • Supreme Court tackling patent law in several cases this term [Sartori and Aga, WLF; Richard Epstein; Kristen Osenga/Prawfs] New fee-shifting regime announced in Octane Fitness already bringing relief to litigants [Ars Technica on Lumen View/FindTheBest case]
  • Copyright claims on intrinsically newsworthy material: curious claim concerning suicide note [Eugene Volokh] “Is it copyright infringement to post a lawyer’s cease-and-desist letter?” Australian university seems to think so [same]
  • Fate of Prenda Law model spirals downward [Ars Technica, Volokh, EFF]
  • Comedian Adam Carolla has “decided to make himself the focus of the Personal Audio suit against podcasters.” [Steven Malanga]
  • Why, as a textbook author, Alex Tabarrok has concluded copyright law is out of control [Marginal Revolution]
  • Remembering when patent examiners were celebrities (in the 19th Century) [Slate]
  • Someone sends Jim Harper a dubious DMCA takedown notice, and this is his response [Cato]
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    “How the patent trolls won in Congress” http://overlawyered.com/2014/05/patent-trolls-won-congress/ http://overlawyered.com/2014/05/patent-trolls-won-congress/#comments Sat, 24 May 2014 12:11:58 +0000 http://overlawyered.com/?p=46055 Sen. Harry Reid seems to have been central: “We felt really good the last couple of days,” said the tech lobbyist. “It was a good deal—one we could live with. Then the trial lawyers and pharma went to Senator Reid late this morning and said that’s it. Enough with the children playing in the playground—go […]

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    Sen. Harry Reid seems to have been central:

    “We felt really good the last couple of days,” said the tech lobbyist. “It was a good deal—one we could live with. Then the trial lawyers and pharma went to Senator Reid late this morning and said that’s it. Enough with the children playing in the playground—go kill it.”…

    Trial lawyers are heavy donors to Democratic politicians, including Reid. … The long history of the divide over other kinds of legal tort reform loomed over the bill, which was dubbed the Innovation Act in the House. The fact that it was the trial lawyers’ lobby that reportedly delivered the death blow suggests that the rift only got wider as debate dragged on.

    Key Litigation Lobby allies like Sen. Dick Durbin (D-Ill.) and Sen. Sheldon Whitehouse (D-R.I.) spoke out against the legislation on the Senate floor. [Joe Mullin, ArsTechnica]

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    Intellectual property roundup http://overlawyered.com/2014/04/intellectual-property-roundup-5/ http://overlawyered.com/2014/04/intellectual-property-roundup-5/#comments Thu, 24 Apr 2014 04:05:07 +0000 http://overlawyered.com/?p=43897 Federal judge invalidates two patents Intellectual Ventures had used to sue banks [Ars Technica] Is there an actual debate over the economic effects of stronger vs. weaker IP protection, or are people talking past each other? [Simon Lester, Cato] “Teller Wins Lawsuit Over Copied Magic Trick Performance” [Hollywood Reporter] Custom, informal law enforce joke “property” […]

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  • Federal judge invalidates two patents Intellectual Ventures had used to sue banks [Ars Technica]
  • Is there an actual debate over the economic effects of stronger vs. weaker IP protection, or are people talking past each other? [Simon Lester, Cato]
  • “Teller Wins Lawsuit Over Copied Magic Trick Performance” [Hollywood Reporter] Custom, informal law enforce joke “property” among comedians [McGraw/Warner, Slate]
  • I read the news today, oh boy/ And now I have to pay a license fee/ [ABA Journal on actions against song lyrics sites; earlier here and here; h/t for joke to Rogers T.]
  • “Paper” town, placed by cartographer on map to foil plagiarism, springs into real life [Now I Know]
  • Unsuccessful courtroom demand for access to list of donors to “Save Podcasting Campaign” [EFF]
  • Idea of giving people copyright in their faces (as against facial-recognition systems) “has two demerits: it is unconstitutional, and it is insane. Otherwise, it seems fine.” [Info/Law via @petewarden]
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    Intellectual property roundup http://overlawyered.com/2014/01/ip-roundup-2/ http://overlawyered.com/2014/01/ip-roundup-2/#comments Mon, 27 Jan 2014 04:05:45 +0000 http://overlawyered.com/?p=43283 “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street] British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier] Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco] From […]

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  • “The patent had an interesting enforcement clause: that anyone who copied [ship designer] Brunelleschi’s work would have their own designs set on fire” [Jeremy Kolassa, R Street]
  • British government investigates problem of orphan copyright works [U.K. Intellectual Property Office, earlier]
  • Hookah’s design not copyrightable, per Ninth Circuit, O’Scannlain, Garber, Bea [Inhale v. Starbuzz Tobacco]
  • From EFF’s “Copyright Week”: what if the penalty that accompanied a parking ticket varied unknowably and might amount to a year’s salary? [Mitch Stoltz] “Copyright’s not getting its work done” [Cathy Gellis]
  • Nineteenth Century’s sewing machine patent wars resembled today’s smartphone wars, but ended more or less happily [Adam Mossoff, Slate]
  • Universities that post papers by their own scholars hear from Elsevier’s lawyers [ABA Journal]
  • Likelihood of confusion? Underwear maker Hanes cease/desists hummus maker in Saskatoon, Canada with name derived from “Yohannes” (= “John”)[ABC News, Craig Lederhouse, CBC (auto-plays radio)]
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    “Why patent trolls love east Texas” http://overlawyered.com/2013/12/patent-trolls-love-east-texas/ http://overlawyered.com/2013/12/patent-trolls-love-east-texas/#comments Tue, 03 Dec 2013 15:33:13 +0000 http://overlawyered.com/?p=42829 Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should […]

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    Mike Masnick on a jury verdict against Newegg: “Having Whit Diffie (who invented public key cryptography) and Ron Rivest (who basically made it practical in real life) present on your behalf, showing that they did everything prior to Jones’ patent, while further showing that what Newegg was doing relied on their work, not Jones’, should have ended the case. But…” [TechDirt; Joe Mullin, Ars Technica]

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    Reining in patent litigation via fee shifts http://overlawyered.com/2013/11/fighting-patent-trolls-fee-shifts/ http://overlawyered.com/2013/11/fighting-patent-trolls-fee-shifts/#comments Tue, 12 Nov 2013 04:18:45 +0000 http://overlawyered.com/?p=42470 Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme […]

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    Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme Court this term may provide clarity on when courts can deem cases “exceptional” and suitable for a fee shift. Broader use of fee shifts — presumably by way of deeming at least some swath of losing cases “exceptional” — would be one way of addressing the patent troll problem that would not call for new legislation. [ABA Journal, related, Corporate Counsel (arguments that judiciary can deal with trolls on its own]

    In other developments, the Federal Trade Commission has voted to proceed with an inquiry into the patent troll problem [New York Times] and the Government Accountability Office has released a long-awaited report on the issue [Mike Hogan and Gregory Hillyer, Legal Intelligencer]

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    Intellectual property roundup http://overlawyered.com/2013/09/intellectual-property-roundup-4/ http://overlawyered.com/2013/09/intellectual-property-roundup-4/#comments Wed, 18 Sep 2013 04:05:24 +0000 http://overlawyered.com/?p=40559 Books of the faraway past more likely to be available for purchase than books of the 1950s [David Post] “Is It Time for a Rule 11 for the Patent Bar?” [Ralph Clifford, SSRN via John Steele, Legal Ethics Forum] “Courts In Patent Suits Tell Turncoat Trial Lawyers To Take A Hike — Twice” [Mark Chenoweth, […]

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  • Books of the faraway past more likely to be available for purchase than books of the 1950s [David Post]
  • “Is It Time for a Rule 11 for the Patent Bar?” [Ralph Clifford, SSRN via John Steele, Legal Ethics Forum]
  • “Courts In Patent Suits Tell Turncoat Trial Lawyers To Take A Hike — Twice” [Mark Chenoweth, WLF; congratulations to Chenoweth, an old friend of this site, for his appointment as WLF’s new general counsel]
  • Federal Circuit: “Model Order Would Cut Patent Fights Down to Manageable Size” [Sheri Qualters, NLJ]
  • “Copyright Terms in the TPP: Too Long, or Way Too Long?” [Simon Lester, Cato]
  • High tech cy pres and the copyright wars [Roger Parloff, Fortune]
  • “The smartphone wars are ending, and nobody won (but the lawyers)” [Alison Frankel, Reuters]
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    Ex-Palm CEO: Steve Jobs threatened patent suit if we kept recruiting his employees http://overlawyered.com/2013/01/ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees/ http://overlawyered.com/2013/01/ex-palm-ceo-steve-jobs-threatened-patent-suit-kept-recruiting-employees/#comments Thu, 24 Jan 2013 16:28:25 +0000 http://overlawyered.com/?p=35662 “I’m sure you realize the asymmetry in the financial resources of our respective companies when you say: ‘We will both just end up paying a lot of lawyers a lot of money.'” [TheVerge.com] Tags: Apple, competition through litigation, patent litigation

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    “I’m sure you realize the asymmetry in the financial resources of our respective companies when you say: ‘We will both just end up paying a lot of lawyers a lot of money.'” [TheVerge.com]

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