Tag: Federal Circuit

Why patent defendants hate East Texas (Part 1)

Why do patent defendants say such bad things about the U.S. District Court for the Eastern District of Texas? I asked this question of Michael C. Smith, the noted lawyer and blogger from Marshall, Texas. To prime the pump, I noted Texas Monthly calls his hometown “the intellectual property equivalent of a speed trap, a […]

How long should a patent claim be?

House counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response. 

What everyone should know about Apple slide-to-unlock patent vs. Samsung

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). 

How to get lucky in basketball and in patent cases

Luck, resources, or skill: Which factor is most important in basketball? In patent cases? In basketball, one counts on a bit of luck as the ball rolls around the rim. Talented players are the key resources. For skill, look at the coaches. In patent cases, judges and juries are drawn randomly. The top resources—and the biggest liabilities—in patent cases are the facts. The skill […]

How to Profit from Patents While Apple, Samsung Weigh In At Supreme Court

The Supreme Court has granted Samsung’s appeal of a $500 million dollar judgment rendered on the latter’s infringement of Apple’s smartphone (iPhone) design patent. If your company owns patents, you may wonder: What effect will Apple-Samsung have on your patent program? More practically, how can you and your company make money on your patents starting now, in the “incubation period” of […]