In this third and final part of my current series on East Texas patent litigation, I will discuss essentials for victory in Texas intellectual property (IP) trials, again, based on my exclusive interview with noted blogger and Texas lawyer Michael C. Smith. Contrary to popular impression, the U.S. District Court for the Eastern District of […]
In the last inning of the Apple-Samsung game of smartphone hardball, Samsung slid into home. Apple failed to make the tag. “Samsung is safe!” cried the umpires. The inning was umpired by the U.S. Court of Appeals for the Federal Circuit, which held Apple’s slide-to-unlock U.S. Patent 8,046,721 invalid. See Apple v. Samsung (Fed. Cir. Feb. 26, 2016).
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 […]
This morning, my fellow leaders of the Chicago Intellectual Property Law Association (IPLAC) and I met with Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), and several of her fellow USPTO executives, including the impressive Dr. Christal Sheppard, Director of the Detroit Office. Director Lee has excellent qualifications. Unfortunately, as discussed below, […]
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, […]