Tag Archive for fee-shifting

April Madness Is Here

March Madness is over, with the Big Ten not taking home a championship.  (A sad day for Michigan fans like me.) But that’s okay—in April, the Big Ten Network has plenty to keep busy with.  Baseball, softball, tennis, track and field, rowing… And patent lawsuits. At-Home Broadcasting About a decade ago, the Big Ten created…

Will SCOTUS Do Anything About Fee-Shifting?

Yesterday, the U.S. Supreme Court heard arguments in two related patent cases, Octane Fitness LLC v. ICON Health & Fitness LLC and Highmark Inc. v. Allmark Health Management Systems. Both cases have to do with the standard for fee-shifting in patent cases, but it’s the Octane case that is the most relevant. The statute, 35…

Before I Kill You, Mr. Bond[ing Requirement]

One big reason that being a patent troll is so profitable is that there isn’t a lot of downside risk for the troll. You just set up a holding company with no assets other than the patents you’re using and sue. You can afford to take risky positions because even if the judge awards fees…

Patents in the News 2/28

FTC-Google public comments round-up #2: Tech companies have their say The Essential Patent Blog February 28, 2013 Yesterday we covered several public comments submitted to the FTC by various professional organizations and trade/industry associations surround the FTC-Google consent decree.  Today, we’re here to tackle the submissions from several large companies that chose to comment on…

We Applaud Reintroduction of SHIELD Act

Today, Congressman DeFazio and Chaffetz reintroduced the SHIELD Act.  We have previously analyzed this legislation. Their press conference on reintroduction as well as our statement are below.  As soon as we have a copy of the bill as reintroduced, we will post it on the site. Congress Introduces SHIELD To Protect Against Junk Patent Lawsuits…

Why Newegg is Exceptional (And Just Saved You Money!)

(Cross posted on Project DisCo) First of all, thank you Newegg! Everybody go out and buy an extra computer monitor, TV or a bulk pack of styluses from them right now (FYI, styluses are retro cool!).  I’ll wait… Done?  Good.  Now I will explain why. As it was widely reported earlier this week, perhaps best by Joe Mullin at Ars…

The SHIELD Act Is a Step in the Right Direction

The SHIELD Act is an important step in the process of common sense patent reform where it is most needed: computer hardware and software patents.  The Act introduces a “loser pays” rule in computer hardware and software patent litigation when a court determines that a plaintiff did not have a reasonable likelihood of success.  The SHIELD…