Tag Archive for Patent Assertion Entity (PAE)

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…

Uniloc-ing Defendants Into The Eastern District of Texas

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…

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…

The Patent Troll’s New Clothes

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.…

Myths and the STRONG Act

We’re hearing a lot of claims about the STRONG Act as an “alternative” to patent litigation reform. The campaign supporting the bill has been misleading at best. There are two pervasive myths that the STRONG Act’s supporters keep repeating that I want to address in this post. Myth 1: Inter partes reviews are unfair to patent…

If You Claim That Patent Assertion Entities Are Beneficial, Prove It

I want to follow up on Tuesday’s post. In that post, I quoted from a letter sent by over 50 law professors and economics scholars that said, essentially, that there’s simply no doubt that current levels of patent litigation, and patent assertion entity litigation in particular, are harming innovation. Earlier this week, a different group…

The Debate Should Be Over: Patent Litigation Is Back Up

It looks like that dip in patent litigation last year is over: patent lawsuit filings are up, and they’re actually higher than the same periods last year. According to Lex Machina’s data, in January this year, there were 442 patent cases filed compared with 334 cases in January 2014. That’s a 32% increase. In February…