Patent Law

Fish & Richardson offers bonuses of up to $115K for Federal Circuit clerks

Former judicial clerks from the U.S. Court of Appeals for the Federal Circuit will now receive up to $115,000 in bonuses at Fish & Richardson.

Apr 10, 2018 1:45 PM CDT

ABA urges Federal Circuit not to include attorney fees in patent case ‘expenses’

The American Bar Association is urging the U.S. Court of Appeals for the Federal Circuit not to include the government’s attorney fees when awarding “all expenses of the proceedings” to the U.S. Patent and Trademark Office.

The ABA filed an amicus brief in NantKwest v. Joseph Matal, urging the full Federal Circuit to overturn a split decision of a three-judge panel.

Jan 24, 2018 7:30 AM CST

Rash of UPL lawsuits filed by LegalForce show its failure to compete, defendants say

Raj Abhyanker is up in arms against legal technology companies he believes are practicing law without a license.

With the growth of online services that assist people filing trademarks and patents, Abhyanker says he has seen his business suffer because “I can’t do what they’re doing, but they can do what I’m doing.”

Jan 9, 2018 8:30 AM CST

Nonlawyers at LegalZoom performed legal work on trademark applications, UPL suit alleges

A complaint filed Tuesday in the Northern District of California alleges LegalZoom has engaged in the “unauthorized practice of law, false advertising, unfair competition and other claims with respect to preparation and filing of trademark applications" before the U.S. Patent and Trademark Office.

Dec 20, 2017 3:05 PM CST

Legal technology patents have increased 484% globally in last 5 years

In the past five years, there has been a 484 percent increase in legal technology patents globally, according to new numbers from Thomson Reuters. “Technological innovation across the financial and professional services industries has grown rapidly over the last few years, and the legal sector is investing to stay ahead…

Aug 18, 2017 2:00 PM CDT

Fans of HBO’s ‘Silicon Valley’ must be asking: Do patent trolls really exist?

Season four of the hit HBO series Silicon Valley introduced viewers to Stuart Burke, a man who has accumulated a pretty nice chunk of change engaging in what could best be described as a shakedown of music writers and song publishers through his acquisition of copyrights.

Aug 10, 2017 8:00 AM CDT

Court limits where plaintiffs can bring claims in three rulings

This Supreme Court term turned out to be important for civil procedure, with three significant rulings on personal jurisdiction—when a court has control of the particular parties in a case.

Aug 1, 2017 1:20 AM CDT

Patent lawsuits drop 21 percent in the Eastern District of Texas as SCOTUS ruling brings new era

Patent lawsuits in the federal court for the Eastern District of Texas are on the decline as a result of a May ruling by the U.S. Supreme Court.

Jul 19, 2017 7:45 AM CDT

Lululemon lawsuit claims competitor infringes its sports bra design

Lululemon Athletica claims in a federal lawsuit that Under Armour infringed its patents on a sports bra design that incorporates four criss-cross straps in the back. Lululemon filed the suit in Delaware federal court earlier this month claiming infringement of patents and trade dress for its Energy Bra, report Fashion…

Jul 18, 2017 8:30 AM CDT

Paralegal robot reviews patent documents

New software helps patent lawyers draft applications that are more likely to pass muster with the U.S. Patent and Trademark office, as well as respond to official letters from examiners.

TurboPatent Corp. on June 28 launched artificial-intelligence products that compare patent claims with past applications to make predictions about patent eligibility.

Jul 17, 2017 2:28 PM CDT

Supreme Court decision allows resale of used ink cartridges despite patent holder restriction

A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday. The court ruled that Lexmark International’s patent rights are exhausted with its first sale of the cartridges,…

May 30, 2017 10:26 AM CDT

SCOTUS limits venue in patent suits, making it more difficult to file in friendly jurisdictions

The U.S. Supreme Court on Monday narrowed the locations where patent infringement suits can be filed in a unanimous decision interpreting conflicting statutes on venue.

May 22, 2017 9:55 AM CDT

Erase ambiguity in patent eligibility law, ABA IP section urges USPTO

The American Bar Association Section of Intellectual Property Law has weighed in on how patent eligibility should be determined by way of a letter to the U.S. Patent and Trademark Office. The USPTO placed an invitation for public comment on patent subject matter eligibility in the Federal Register in October…

Apr 7, 2017 4:19 PM CDT

Supreme Court rules patent holders may not bar otherwise timely lawsuits with laches

The U.S. Supreme Court ruled today that patent holders may not use the doctrine of laches—that is, may not argue that defendants slept too long on their rights—as a defense to lawsuits filed within the Patent Act’s six-year statute of limitations. The 7-1 decision (PDF) extended a similar decision on…

Mar 21, 2017 3:15 PM CDT

ABA amicus brief opposes expansive view of venue in patent cases, cites perception of forum shopping

The ABA has filed an amicus brief with the U.S. Supreme Court that argues the patent venue law has been wrongly interpreted in a way that allows the nationwide filing of patent infringement suits. The expansive interpretation, the brief says, has ironically led to a concentration of patent suits in…

Feb 7, 2017 3:03 PM CST