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On August 12, 2010, Oracle sued Google in U.S. District Court in San Francisco based on claims that Google’s Android operating system constitutes an infringement of Oracle’s patents and copyrights related to the Java software development platform. Oracle owns the...
On July 13, 2010, online auction giant eBay, Inc. was sued for $3.8 billion in the United States District Court for the District of Delaware by XPRT Ventures, LLC, on claims that eBay incorporated XPRT’s patented business method processes in...
A new type of copyright lawyer has arrived on the intellectual property scene—not terribly good news for bloggers or online media outfits. Righthaven LLC CEO Steve Gibson is on the attack, beginning a campaign this past March against bloggers and...
Inventors and researchers often enter into agreements with other parties to develop, patent, and commercially exploit their inventions. But does such an agreement create a fiduciary relationship or is it nothing more than a simple contractual relationship? The answer to...
In the latest chapter of the ongoing Qualcomm litigation, a federal judge has levied more than $8 million dollars in sanctions and referred attorney’s representing Qualcomm to the State Bar of California for e-discovery abuses. The sanctions are the culmination...
If an attorney commits malpractice in connection with patent prosecution or patent litigation, a legal malpractice claim may be filed in federal court even when there is no diversity jurisdiction and all the claims are based on state law. In...
Hot on the heels of uncharacteristic agreement in Congress concerning pending legislation to enact a number of tech manufacturer- and publisher-friendly reforms to the nation’s patent laws (more on that here), Seagate Technology has secured a victory in the Federal...
A federal judge’s decision castigating both attorneys and their client in the Qualcomm patent litigation highlights the potential for conflict between attorneys and their clients created by the new federal e-discovery rules. The e-discovery rules place great burdens on both...
The latest twist in the patent dispute between Microsoft and Alcatel-Lucent demonstrates how difficult it can be for a business to enforce patent rights it thinks it holds. Even when a company gets a favorable verdict, true victory may be...
Companies charged with patent infringement often make use of the federal Declaratory Judgment Act to attack the validity and enforceability of patents. In Benitec Australia, Ltd. v. Nucleonics, Inc., 2007 WL 2069646 (Fed. Cir. 2007), the Federal Circuit limited the...
Late in the day on July 19, the U.S. Senate Judiciary Committee gave its approval to an amended version of the Patent Reform Act of 2007. The Senate action came a day after the U.S. House Judiciary Committee approved a...
Companies attempting to measure their potential exposure for patent infringement should review a recent decision by the Federal Circuit. Business often calculate their exposure based on the concept of a “reasonable royalty,” and look at the terms on which the...
Businesses concerned about pending or potential patent infringement suits should pay careful attention to a case now pending in the Federal Circuit that may affect what strategies should be employed in dealing with infringement issues. The Federal Circuit has...
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