Blog Posts

ContentGuard: Arguendo

Today, we watched as a man stood in front of a panel and explained how the other side had behaved improperly and how the decisions they made were incorrect and contrary to applicable legal standards. I’m speaking, of course, of the ContentGuard oral arguments.  What did you think I was talking about? Oral Argument at the…

ContentGuard: Validity and Privilege

Monday I summarized the history of the ContentGuard cases, and yesterday I described the process of claim interpretation.  Today, we’ll turn to an issue that we’ve focused on recently, patent validity.  ContentGuard convinced the jury that the ContentGuard patents were valid—can they convince the Federal Circuit? Abstract Ideas We’ve written a lot about patents on…

ContentGuard: Defining A Patent Case

Yesterday, I went through the history of the ContentGuard v. Apple and ContentGuard v. Google cases.  I talked briefly about the Markman process; today, I’d like to go into more detail on what Markman is, how it works, how Markman affected the ContentGuard cases, and why it’s such an important issue in patent litigation in…

Guest Post: How TC Heartland May Affect District Court Filings: A Quantitative Assessment

This guest post was authored by Shawn Ambwani and Robert Jain.  Shawn Ambwani is the COO and co-founder of Unified Patents.  Robert Jain is an attorney at Unified Patents.  This post provides a quantitative prediction of how TC Heartland may impact where patent litigation is filed, a topic I recently wrote about. Summary TC Heartland…

One Week of TC Heartland

It’s been one week since TC Heartland was decided.  I thought I’d take a preliminary look at how the decision has changed case filing strategies.  In order to do so, I looked at at how many new patent cases had been filed in which jurisdictions from Tuesday-Friday of last week (5/23-5/26), in comparison to the…

Guest Post: Are Copyright and Patent Overlapping or Mutually Exclusive in Protecting Software Innovations?

Prof. Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley.  She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy.  We’re pleased to be able to republish this post, which first appeared on Patently-O. “Neither the Copyright Statute nor…

Blackbird Gets Wings Clipped In Lighting Litigation

Last week I wrote about Blackbird Technologies, a relatively new patent troll with some ethical and practical issues.  As I found out via Patently-O, it turns out that I’m not the only one who was wondering how they were going to keep confidential information away from their lawyers.  In Blackbird Tech. v. Service Lighting et…