Yesterday, Uniloc sued Google in the Eastern District of Texas. Uniloc is a Luxembourg based company, not a Texas company.1 Google? Also not a Texas company. So, if neither of the companies involved are Texan, why are we still in the Eastern District of Texas? History Uniloc filed a set of lawsuits against Google based…
Joshua Landau
Joshua Landau is the Patent Counsel at the Computer & Communications Industry Association (CCIA), where he represents and advises the association regarding patent issues. Mr. Landau joined CCIA from WilmerHale in 2017, where he represented clients in patent litigation, counseling, and prosecution, including trials in both district courts and before the PTAB.
Prior to his time at WilmerHale, Mr. Landau was a Legal Fellow on Senator Al Franken’s Judiciary staff, focusing on privacy and technology issues. Mr. Landau received his J.D. from Georgetown University Law Center and his B.S.E.E. from the University of Michigan. Before law school, he spent several years as an automotive engineer, during which time he co-invented technology leading to U.S. Patent No. 6,934,140.
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Posts by Josh Landau
One Week of TC Heartland
by Josh Landau •
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…
Blackbird Gets Wings Clipped In Lighting Litigation
by Josh Landau •
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…
TC Heartland Attacks The Heart Of Patent Forum Shopping
by Josh Landau •
The Supreme Court decided TC Heartland v. Kraft on Monday. The decision addresses a procedural point with huge effects on patent litigation. The Problem The basic problem before this case was that it was very easy to pick the court you wanted to sue someone in; it’s called “forum shopping.” And (if you’re a…
SCOTUS Taking Case On Partial Institution Of IPRs
by Josh Landau •
One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after they’ve issued. Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…
The Patent Troll’s New Clothes
by Josh Landau •
You might have been reading a bit about Blackbird Technologies lately. Not the Blackbird Raytheon bought in 2014 (cybersecurity) or the Blackbird Etsy bought in 2016 (AI algorithms). (It’s a popular name, apparently.) This one’s a troll. Tailoring a Patent Troll Blackbird was formed in 2014 by attorneys who worked for two major law firms.…
AIPLA Signs on to IPO’s Misguided Proposal on § 101
by Josh Landau •
AIPLA, the bar association for intellectual property lawyers, just released their recommendation and report on reforming § 101. § 101 is the portion of the Patent Act that sets out what’s eligible to be patented, and what isn’t. AIPLA’s basic complaint is that the Supreme Court has created uncertainty about what is eligible for patenting…