Judge denies Qualcomm another bite out of Apple

It doesn’t matter if you are a small technology company working your way up through the business ranks or an entity with a massive mother ship in Silicon Valley like Apple, intellectual property litigation tends to be a high-stakes game. Protecting your IP interests represents one significant challenge when you are a patent holder. On […]

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Finding a comparable license to assess damages can be tough

Assessing damages in any type of legal case can be a tricky proposition. Often the amount sought tries to encompass not only actual damages, but projected losses. In a personal injury case, the physical evidence can go a long way toward proving the loss. But damages in patent law can be harder to quantify. Federal […]

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A general overview of patent litigation

Obtaining a patent is one thing. Protecting the rights after assignment of a patent is another. Each are separate activities. The process in the first instance is patent prosecution. The functions associated with the second focus on defending a patent against infringement and fall under litigation, as do those associated with challenging the validity of […]

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Options for invoking assignor estoppel in IPR

The bifurcation of legal processes related to intellectual property prosecution can be frustrating. This was highlighted in a post late last year. It reported on a decision by the U.S. Court of Appeals for the Federal Circuit in which the panel said that a doctrine that prevents inventors granted a patent from later challenging the validity […]

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Standing can be a defining element in an IP case appeal

One aspect of inter partes review (IPR) that has been a source of major contention is that it is an administrative judicial process that operates separately from the normal processes of the U.S. legal system. But, as we noted in an earlier post, the U.S. Supreme Court has ruled it doesn’t violate the Constitution. Another element […]

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Think about protecting it before selling it

Intellectual property lawyers see this issue often: people neglect to think about protecting their product before marketing it. Let’s say your company created an innovative energy efficient product. Management and engineers are excited to spread the word. You and your colleagues attend a trade show and overindulge details about your new product to fellow industry innovators. This […]

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Rock world trademark fight offers lesson for those in other areas

The rock band Boston has been around for decades. Over those years, the band has racked up a lot of name recognition. And every musician who has ever played with the group has likely sought to capitalize in some way or another on that association. Intellectual property rights held in the form of copyrights, trademarks […]

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‘Open innovation’ era calls for solid IP licensing strategies

The term “open innovation” is not new to anyone in the technology sector. It reflects an attitude shared by many that traditional strategies related to intellectual property management don’t always hold the water they once did. There is still a place for secrecy. Just ask Apple if you doubt that. But open innovation embraces the […]

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Mass copyright expiration carries implications yet unknown

The coming of the new year brings with it one thing that hasn’t been experienced in 20 years – the mass expiration of protections on materials that have been under copyright since 1923. Speculation about the implications of this happening has been on the rise since earlier this year and has reached new volumes in […]

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