Patents protect intellectual property, but they are most effective when the holder is willing to defend them using litigation. It may involve jury trials, bench trials or even a subsequent appeal to the Circuit Court. The outcomes from these trials will vary from case...
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Patent Litigation
Serial IPR Petitions No Longer Doomed By A Double Dose Of Discretionary Denial
Gen. Plastic Indus. Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6, 2017), designated precedential in 2017, sets forth seven factors to be considered before discretionarily denying subsequent IPR petitions challenging the same patent. The PTAB...
If patent owners can’t mess with the Western District of Texas, then what next?
On July 25, 2022, Chief Judge Orlando Garcia of the Western District of Texas effectively stripped the Waco Division of its dominance in patent cases by randomizing the judge assignment of patent cases filed in that division. Consequently, patents owners can no longer...
A potential way to deal with an uncooperative defendant
One of the most important steps in patent litigation is the discovery process. After you’ve discovered someone is using your patent, filed your patent complaint and received a response from the defendant, you most likely received a scheduling order from the court. A...
What is patent infringement and what can be done about it?
Patent infringement can be a serious concern for many patent owners. For that reason, they are likely to want to understand what is considered patent infringement and what can be done about it if the patent owner believes it is occurring. What is patent infringement...
What are the possible remedies for patent infringement?
When a California business feels like a competitor or third party has infringed upon its valid patent, the business still has to calculate the cost of legally pursuing the offender and compare it to the possible benefits from litigation. In this respect, it might be...
Tips for choosing your expert witnesses
Expert witnesses play an important role in patent litigation. When litigating a patent infringement case, expert witness testimony can mean the difference between winning and losing. An expert witness can testify on both the merits of your invention and any technical...
Technology patents and patent ‘trolls’
Technology is a competitive business and creating a new product can be extremely lucrative. For those in Silicon Valley who have innovated, it is imperative to protect that which they have created. Competition is one thing, but another entity simply trying to profit...
What can an attorney do to resolve a patent dispute?
The most successful California companies are known for innovation. Patents provide companies with a way to protect new technologies that they worked so hard to develop and should be enforced at all costs. However, with so much competition, there are many cases when a...
Are you prepared to pursue a contributory infringement claim?
Your patents can be extraordinarily valuable. Yet, as with any intellectual property, its value can quickly be diminished if you’re not careful in how you police your rights. After all, infringement occurs all the time, and those who misappropriate protected property...