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LQ Patent: Can Your Patent Survive Two Bites at the Apple? Two Patent Portfolios Fall to the Two-Prong Defense Strategy

February 25, 2013 by Leave a Comment
apple-with-bite

Two recent Federal Circuit decisions point to the current score: 0 wins - 2 losses, for two patent owners.  In both cases, a successful reexamination defense successfully supports the defense against patent infringement litigation. Accused infringer Arkema is now feeling pretty good about that big hole that reexamination burned in Honeywell’s 1234YF environmentally-friendly automobile refrigerant portfolio.  Meanwhile, Google blew up Function Media’s (FM’s) patent claims directed to online advertising.  The above graphic tells the story about what a successful reexamination can do to a patent that has as … [Read more...]

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LQ Patent: To be precise or not to be. That is the question.

November 8, 2012 by Leave a Comment
bull's eye

The litigation quality of a patent has many aspects.  One of the foremost is the quality of the actual claims.  Claim construction is an art.  A patent attorney must decide at what level of abstraction he must write. In the recent Technology Patents LLC (TPL) v. T-Mobile Ltd. decision of the Federal Circuit Court of Appeals, claim language precision was under the court’s magnifying glass.  TPL filed suit against T-Mobile for patent infringement of a claim that used fairly specific language about a “Receiving User” (RU) of a pager using a mobile device and identifying a list of countries in which the RU is … [Read more...]

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LQ Patent: Don’t Miss the Virtual Mark!

June 5, 2012 by Leave a Comment
U.S. Patent Label

Put Your Patent Markings on Your Website! The new Patent Act allows patent owners to post their patent numbers on a publicly available website instead of on a product label.  We foresee this small but important new benefit, called “Virtual Marking,” will empower patent owners to streamline production.  In some cases, virtual marking should simplify the bill of materials (BOM) by replacing a variable custom line item with a universal label that works for all the owner’s products. Gone are the days of changing custom product labels just to add or remove patent numbers. It is practically free to add numbers … [Read more...]

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LQ Patent: Declare your Competitor’s Patent Invalid

May 8, 2012 by Leave a Comment
Football Blitz

Blitz Defense by Declaratory Judgment According to our read of the Federal Circuit’s March 2012 decision (3M v Avery Dennison), business owners concerned about infringing a competitor’s patent have more guidance about when they can have the court declare the patent to be invalid or not infringed.  That’s right, you can sue a patent owner as a defensive strategy.  Just like an aggressive blitz can be a great call at the right moment in a football game, suing a patent owner for declaratory judgment (DJ) can help your business get the ball back so you can regain the initiative and score.  The 3M case informs us … [Read more...]

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