FTC Releases Report on Patent Assertion Entities

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged infringers.”  The FTC’s purpose was to gather information about PAEs in order to make informed policy decisions regarding “the role of PAEs in promoting innovation and economic growth.” Yesterday, the FTC released its report, Patent Assertion Entity Activity: An FTC Study, which considers—in 269 pages—the practices of 22 PAEs and 327 affiliated entities from January 2009 through mid-September 2014.  This post addresses three findings in the report. Portfolio   Read More »

Posted in Patent Litigation | Tagged , ,

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Ninth Circuit Could Reconsider Attorneys’ Fees Standard for Federal Trademark Litigation

In Octane Fitness v. ICON Health & Fitness (2014), the Supreme Court changed the standard for recovering attorneys’ fees in patent litigation.  Rejecting a “rigid and mechanical formulation,” the Court adopted a looser “totality of the circumstances” test.  Earlier this year, a Ninth Circuit panel held that the Octane Fitness standard did not apply in trademark cases.  But now the Ninth Circuit has ordered an en banc rehearing of the panel’s decision. In SunEarth, Inc. v. Sun Earth Solar Power Co., the district court permanently enjoined Sun Earth Solar Power from using “Sun Earth” in the U.S. because that use   Read More »

Posted in Patent Litigation, Trademark Litigation | Tagged , ,

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Someone Copied My Company’s Website Without Permission — What Can I Do About It?

You encounter a website that looks very similar to your company’s website. The similarities make clear that your website was copied.  Even worse, it was copied by a competitor.  Please see this article that discusses the remedies you may have under intellectual property laws.

Posted in Copyright Litigation, Internet and Domain Name Litigation, Patent Litigation, Trademark Litigation

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A House of Cards: How Much Copyright Protection Remains for Architectural Works

Please see this article about a recent Eleventh Circuit opinion addressing copyright protection for architectural works.

Posted in Copyright Litigation | Tagged ,

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Supreme Court Affirms USPTO’s Broadest Reasonable Construction Standard for IPRs

In Cuozzo Speed Technologies, LLC v. Lee, the Supreme Court unanimously affirmed the United States Patent and Trademark Office’s (“USPTO’s”) standard for construing patent claims in an inter partes review (“IPR”), a post-grant proceeding used to challenged patent validity. In a 6-2 decision, the Court also affirmed that the USPTO’s decision whether to institute an IPR is not appealable. In an IPR, the USPTO uses the “broadest reasonable construction” standard, which results in broader claims than the “ordinary meaning” standard used in federal district court litigation. Broader claims result in a greater likelihood that the claims will be held invalid. The Court   Read More »

Posted in IP and Technology Litigation, Patent Litigation, Post Grant Proceedings | Tagged , ,

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