Tag Archive for Apple

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…

Previewing ContentGuard v. Apple and Google at the Federal Circuit

This Thursday, June 8, the Federal Circuit will hold oral argument in ContentGuard Holdings, Inc. v. Apple, Inc. and in ContentGuard Holdings, Inc. v Google, Inc.  (The Google case also includes a number of major Android phone manufacturers, such as Samsung, HTC, and Motorola.)  Both cases have roughly similar histories, and both appeals deal with…

Why No One Should Listen to Qualcomm About Patents

Qualcomm is a major opponent, perhaps the strongest opponent, of patent litigation reform. It’s becoming pretty obvious why. A few weeks ago, the Korean Fair Trade Commission went after Qualcomm for its anti-competitive licensing practices. This time, it’s the U.S. Federal Trade Commission going after Qualcomm for its licensing practices. I wrote about the KFTC…

Smartphone Patent Wars, a Poem

‘Twas the week before Christmas, And all through the news, The smartphone patent wars Were giving us the blues. Just when we thought Apple-Samsung was done, Nokia decided To rejoin the fun. Nokia sued Apple, For their deal had expired, New patents, new charges, New lawyers were hired. Apple, in turn, Would now claim antitrust…

Samsung v. Apple: A Funny Thing Happened on the Way to the Court

(Cross-posted at Huffington Post) A funny thing happened on the way to the Supreme Court in yesterday’s Samsung v. Apple design patent dispute. The high court was expected to review the lower court’s award of the entire profits made for 11 different smartphone models — just under $400 million. Coming into the argument, it looked…

The Supreme Court Agrees to Review Design Patent Damages Rule

Today, the Court granted certiorari in the Apple v. Samsung case on the question of design patent damages. We filed an amicus brief in support of Samsung’s petition. The Federal Circuit interpreted design patent damages law in a disastrous way. Based on the shape of the outer case of Samsung’s phones, it said that Apple…

Apple and Samsung Begin to Wind Down the Smartphone Wars

As we’ve written a number of times (e.g., here, here, and here), nothing good has come out of the war between Apple and Samsung. Both companies have spent millions and neither has much to show for it. The big losers, of course, have been consumers, who could be enjoying better products: products that could have been built using…