Will pending legislation or court sanctions curb frivolous patent litigation?

By Edward Rice, Esq., and Marina Saito, Esq., Freeborn & Peters

From Westlaw Journal Intellectual Property: Edward Rice and Marina Saito, attorneys with Freeborn & Peters, offer some suggestions about how litigants and courts can stem the proliferation of frivolous patent suits.

In recent years, patent litigation has clogged courts, terrorized small companies, ransacked large companies’ deep pockets and, some would say, wreaked havoc on our economy.1

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High court justices express skepticism about financial services patents

From Westlaw Journal Intellectual Property: Skeptical justices of the U.S. Supreme Court challenged the lawyer for a company whose software patents for a computerized system of creating and exchanging financial instruments have been invalidated to explain why the high court should overrule that decision.

Australia-based Alice Corp., a subsidiary of National Australia Bank, sought certiorari in September 2013, asking the Supreme Court to consider the question after the U.S. Court of Appeals for the Federal Circuit invalidated several of its software patents.

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Aerospace industry is working to improve flight tracking

REUTERS/Luke MacGregor

Is it a matter of coincidence that the U.S. Patent and Trademark Office published two patents this week focused on aircraft navigation and communications?  These inventions, one from Boeing and one from Airbus, are just two examples of the dozens of inventions covering aircraft alert systems, satellite navigation and communications management that have been patented over the last several years. They shine a light on one of the challenges the aerospace industry is working to overcome: how to accurately track flight vehicles wherever and whenever they are. (more…)

Apple vs. Samsung – graphic of the day

Yesterday, A U.S. judge rejected Apple’s request for a permanent sales ban in the U.S. against some older Samsung smartphones. Today’s graphic is a timeline of Apple’s continuing legal battle with Samsung. Apple’s claims on infringements made by Samsung in their original suit are categorized in three groups, highlighted below.


Would you like infographics like this on your website, blog or other social media? Contact us and visit our Reuters Agency blog for insights and discussions on the changing media industry.

Supreme Court need not review claim construction ruling, generic drug companies say

Teva Pharmaceuticals’ certiorari petition asking the U.S. Supreme Court to decide an appellate court’s proper scope of review of factual findings on claim constructions in a patent case is premature and should not be granted, several generic drug companies say.

Sandoz Inc., Momenta Pharmaceuticals Inc., Mylan Pharmaceuticals Inc., Mylan Inc. and Natco Pharma Ltd. argue in their brief that Teva’s petition should be denied because the U.S. Court of Appeals for the Federal Circuit has not yet decided the issue.

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Justices hear argument on burden of proof in patent declaratory judgment suit

The U.S. Supreme Court is poised to decide which party has the burden of proof when a party files a declaratory judgment action in a patent case.

The high court heard oral argument Nov. 5 by Medtronic Inc. and Boston Scientific Corp., debating whether a licensee filing a declaratory judgment has the burden to prove that its products do not infringe the patents at issue, or whether the patent owner bears the burden of proof that they do.

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Celebrating 50 years of Derwent World Patents Index® (DWPI℠)

RETERS/Amit Dave

We are in the middle of a yearlong celebration honoring the 50th anniversary of Derwent World Patents Index® (DWPI℠), a proprietary database of global patent information. Originating in 1963, the Thomson Reuters DWPI database enables professionals to more easily research and understand the world’s innovations through a comprehensive database of more than 23 million inventions detailed in more than 50 million patent documents.

Fifty years ago, Monty Hyams, the now 95-year-old founder of what is today known as DWPI, took on the labor-intensive job of patent research for his customers after he saw them going to the patent office, reading through the patents and classifying them. He realized, “If I can do this, they don’t have to.”

Read more.

Legal Solutions blog weekly roundup

REUTERS/Yannis Behrakis

Here’s a quick check-in with our friends over at the Legal Solutions blog to see what’s been going on in the legal world this past week: (more…)

U.S. wins dismissal of patent suit over Defense Department’s use of medical device

The U.S. Court of Federal Claims has dismissed a patent infringement lawsuit brought by three companies that claim the Defense Department has been using their patented medical imaging invention without permission.

Judge Edward J. Damich said NeuroGrafix, Neurography Institute Medical Associates Inc. and Image-Based Surgicenter Corp. lack standing to pursue their suit against the government.

(Westlaw users: Click here for more stories from Westlaw Journal Government Contract.) (more…)

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