[Originally published by Robert Z. Cashman, Patent Litigation Attorney on Oct 1, 2009.] There is a short and simple lesson in today’s article from law.com, “Federal Judge Tosses Out $388 Million Patent Verdict Against Microsoft” written today by Alison Frankel from the American Lawyer. Last April, Paul Hayes of Mintz, Levin, Cohn, Ferris, Glovsky and … Read more
Pasted below is a summary version of the article posted on JD Supra on “Black hats and white hats in the patent law system” that I wrote on 8/16/09. Within patent law and the patent litigation system, there are good ways and bad ways to make use of the rules and laws that have been … Read more
It took a few seconds to come up with this analogy, but after reading the “Wear a White Hat” article by Scott Gibson, I couldn’t stop thinking about how relevant the concept of black hat, white hat was not only to archetypes, hackers, and network security professionals, but also to patent practice professionals. In the … Read more
Today in Barron’s, there was an article “RIMM To Pay $267.5 Million To Settle Visto Patent Suit” by Eric Savitz. I’m actually not that sad about this settlement. If Visto’s patents genuinely covered the technology used by RIM, then they had a duty to license their technology and not to steal it. Without delving deeper … Read more
Solicitor General patent infringement suit against an aggressive State of California hiding behind 11th Amendment. I was reading this morning’s post on the Patently-O Patent Law Blog about the Biomedical Patent Management Corp. (BPMC) v. California Department of Health Services (on petition for certiorari) brief by the Solicitor General. In short, I feel that the … Read more
I just read the US Court of Appeals opinion for the Aristocrat v. International Game Technology (IGT) case, and I want to mention that I am unhappy with the decision and I feel that the judge played semantics with the availability of defenses for patent infringement suits, although I do believe he properly applied the … Read more