These 15 Claim Chart Mistakes Can Kill Your Chances to Win Litigation
This article is written by Andrew Schulman, Consulting Expert & Attorney at Law, and it appeared first on his LinkedIn profile. Claim charts (infringement contentions [ICs], invalidity contentions, etc.) are required in patent litigation under the Local Patent Rules (LPRs) adapted in most federal district courts. The rules require something that doesn’t just look like […]
10 Proven Arguments To Respond to Alice Rejections
“In 2020, there were 27 software-related patents on appeal for subject matter eligibility. The CAFC found four of the patents either partially or fully eligible under Section 101. It found 22 patents invalid and remanded one case to the district court.” (source) In 2014, the US Supreme Court drastically changed the law relating to patent […]
Top 10 US Patent Infringement Cases with Largest Patent Damages
Recently in March 2021, Intel Vs. VLSI made the news when the Texas court asked Intel to pay $2.18 billion to VLSI for infringing two of their patents. The amount was the second highest patent damages award in US History. In the history of initial patent damages awarded in the US, there were few cases […]
14 Famous Patent Infringement Cases that changed US Patent Law
The patent system that exists today in the US is a result of multiple decisions and verdicts that shaped the course of history for patent laws. Some decisions were minorly significant, while others had a major impact and changed laws on patentability and how patents were perceived. Every verdict changed some aspects of patent law […]
Litigators, Are you facing difficulty in finding expert witness in your patent litigation?
Patent litigation is greatly influenced by having an expert witness on your side. These expert witnesses provide testimony for infringement, validity, damages, etc. As a patent litigator, you would want to on-board such individuals in your team during trials. However, the key question is not whether an expert witness helps or not. It is – How […]
Should eCommerce Websites be worried about getting sued for listing infringing products?
Recently, Hailo Technologies LLC – after three continuous attempts at suing the manufacturer of Anker Roav SmartCharge Car Kit – sued Best Buy, Target, and Walmart for infringement through the sale of Anker’s devices. While this clearly looks like a move made after extreme frustration, things might not go well for these online retailers. For […]
How are Damages Calculated for Patent Infringement in the US?
In the US, litigation costs anywhere around USD 3-4 Million, with damages awarded, on an average being 8.9 Million USD. The largest patent infringement award to date is $2.54 billion. As I was reading through these figures, I had albeit one question in mind — How is the amount of damages calculated in a patent infringement? How […]
What is a Claim chart and how can they be used in different scenarios?
I’m going to enforce my patent rights” said Joey to Ross. Joey and Ross, both inventors and long-time friends had met for drinks in a nearby pub. Recently, Joey had been struggling, mainly because a large company ADC Corp. started manufacturing a product which is quite similar to Xene, Joey’s bestselling patented product. Things were […]
Telecom Patent Litigation Report: Down and Down, the Numbers go
As 5G technology is approaching realization faster, a surge could be noticed in the patent filing activity by telecom companies. China is at the forefront, in terms of filing numbers, as major telecom giants like ZTE and Huawei are filing patents internationally with good momentum. Qualcomm, the top innovator in 4G LTE, is not behind […]
TC Heartland Decision and its impact on NPE Litigation Trend
On May 22nd of 2017, the Supreme court of the US issued its landmark ruling on TC Heartland LLC V Kraft Foods, the decision being credited to have changed the law on venue for patent cases. Few months later in mid-November, the US court of appeals confirmed the same, holding that the TC Heartland decision was in […]
USD720916 – The Beginning of a Probably Long Countersue battle between McCain and Simplot
Recently, McCain filed a complaint in the court of Northen district of Illinois alleging that J.R. Simplot used its patented designs USD720916 in its Sidewinders product(as shown below). You might think- “Yet another infringement suit, eh!” Not as ordinary as being assumed, what makes this case especially interesting is that the complaint filed by McCain […]
This is How Pokémon Go Can Save Itself from Patent Litigation
The irresistible desire to search and capture all the Pokemon is making its players do everything to ensure that the game becomes a phenomenal success. The location based augmented reality game has attracted all age groups and compelled them to leave their couches and be sporty. First launched in few part of the world, the […]
