On February 27th, Reps. Peter DeFazio (D-Ore.) and Jason Chaffetz (R-Utah) reintroduced a “new and improved” Saving High-Tech Innovators from Egregious Legal Disputes Act of 2013 (or “SHIELD Act,” pleasing fans of both acronyms and imagery of strife). The legislation is intended to curb the rapid ascent of so-called “patent trolls,” which are reported to [...]
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Historically, few corporate executives have paid much attention to management of their company’s intellectual property (“IP”) portfolio and/or IP litigation exposure. However, given the rise of an increasing number–and continually evolving structures–of non-practicing entities (“NPEs”), intellectual property issues are starting to gain visibility to corporate executives. Specifically, IP monetization and defensive patent [...]
Continue Reading →Damage calculations are always lurking in the shadow of patent litigation. While damage calculations are very important, much of the focus in a patent infringement dispute is on proving infringement, after which the focus turns to damages. 35 U.S.C. § 284 provides that when infringement of a valid patent is determined, damages [...]
Continue Reading →TiVo, perhaps the company best known for digital video recording (DVR) technology, is currently locked in a battle for survival. As most satellite and cable companies have started offering DVR services, TiVo’s market share has steadily dwindled to occupy only 8 percent of the 38 million DVR users in the United States. While [...]
Continue Reading →Like zombies in a bad horror movie, the lawsuits over smartphone technology seem to be popping up out of nowhere, multiplying at alarming rates. Just a week ago, Apple filed suit in the Western District of Wisconsin against Motorola in the most recent installment of the smartphone “patent wars.” This lawsuit follows Motorola’s own suit [...]
Continue Reading →In August 2010, Oracle sued Google, alleging that Google’s Android infringed on several Java-related patents. Google has now responded and denied all seven of Oracle’s patent infringement claims. Further, Google has asked the court to dismiss Oracle’s suit altogether. While this sort of response is somewhat [...]
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