Patent Litigation Tips

Along with Covered Business Method patent review (“CBM”) and Post-Grant Review (“PGR”) to a much lesser degree, Inter Partes Review (“IPR”) has become a powerful tool for retailers fighting patent trolls.  One of the key benefits of IPRs is that courts routinely, although not always, stay district court litigation pending the IPR’s outcome.  But earlier

Bifurcation of liability and damages — perhaps even trifurcation of infringement, invalidity/inequitable conduct, and damages — may be coming back as a common case control tool of district courts, as well as a cost-containment tool for retailers, and defendants generally.  In Bosch v. Pylon Manufacturing, Slip Op. (Fed. Cir. June 18, 2013), the Federal

Santa Clara Law Professor Brian Love and Wilson Sonsini partner James Yoon have written a thought-provoking article (slated for publication in the Boston University Law Review) arguing for the expansion of the customer suit exception as a mechanism to limit the disparate impact of patent litigation.  First, they identify the myriad problems with suing customers/end

The Executive Branch has undertaken a number of initiatives to identify solutions to the US patent problems.  One of the (obvious) focuses is on patent  trolls DOJ/FTC PAE Seminar.  One of the newest initiatives is the possibility of a patent small claims court.  Last month, the PTO sought public comment on the potential value