The U.S. District Court for the Eastern District of Texas (EDTX) is often painted in a bad light. Among other malignments, the Court has been described as having “earned a reputation as the intellectual property equivalent of
Patent jury trials reached their zenith in the mid-1990s. The stakes remain high, though the drama has faded. Now, even if it’s called a trial, what you get is “some kind of hearing,” as Judge Henry Friendly once called it in his seminal lecture and law review article. Some kind of hearing: That’s all you can expect in […]
Patent law promotes the progress of technology by rewarding inventors who patent their inventions. From the beginning, the Constitution empowered Congress to pass a Patent Act, and President George Washington called for it in his first State of the Union address. Congress acted affirmatively in 1790, with periodic updates ever since. As Abraham Lincoln said, the patent system adds […]
If you are asserting or defending against a patent, here are key points on “Inter Partes Review (IPR) of Patents” as presented to Chicago Bar Association. The Leahy-Smith America Invents Act of 2011 (AIA) created new post-grant patent invalidation procedures including Inter Partes Review (IPR) by the Patent Trial and Appeal Board (PTAB) in the U.S. Patent and Trademark […]
I’m a patent trial lawyer. My goal in every case is to win at trial. As for settlement, I believe in the wisdom of my fellow trial lawyers: The case you try to settle, you will try; the case you prepare to try, settles. In the end, whether we try the case or settle it, […]
