Fed. Cir. Affirms Invalidity Findings By E.D. Texas Jury

Claims from four patents were infringed, but invalid as anticipated and obvious, a jury in the Eastern District of Texas found. In an opinion by Chief Judge Rader, the Federal Circuit rejected the patent owner’s challenge to… Read More

Form 18 Trumps Iqbal and Twombley, Says Fed. Cir.

Form 18 of the Federal Rules of Civil Procedure is the definitive authority concerning whether a plaintiff has adequately plead a claim of patent infringement. K-Tech Telecommunications, Inc. v. Time-Warner Cable, Inc., Nos. 2012-… Read More

Patent Litigation Protective Orders: Patent Prosecution Bars, Source Code

In a lawsuit where the plaintiff, Unwired Planet, had asserted 10 patents against Apple, the parties disagreed about the appropriate scope of a protective order. Unwired Planet, LLC v. Apple. Inc., No. 3:12-CV-00505-RCJ (VPC) (D.… Read More

Software Copyright Infringement Defenses: Ownership of a Copy and Implied License

A defendant accused of infringing a software copyright was, according to facts plead in the plaintiff’s complaint, an owner of a copy of the software under 17 U.S.C. § 117(a)(1). Further, the facts established that the de… Read More

Settlement Agreement Forum Selection Clause Read Narrowly

Forum selection clauses in settlement agreements should be very carefully worded. That is the lesson of Synopsys Inc. v. Mentor Graphics Corp., No. C 12-5025 MMC (N.D. Cal. April 3, 2013), where the court refused to apply the foru… Read More