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RPX: The Berkheimer/Aatrix Effect is Real

By R. David Donoghue on Posted in Uncategorized
My partner Anthony Fuga is providing excellent analysis on the latest Section 101 cases and issues at the Holland & Knight Section 101 Blog, which he edits and does a substantial amount of the writing for. His latest post provides valuable insight into how district courts are approaching Section 101 cases since the Federal Circuit’s … Continue Reading

Liquid Cannabis Patent Survives Section 101 Challenge

By Anthony Fuga on Posted in Uncategorized
By: Anthony J Fuga|Taite R McDonald|Michael Obeiter The U.S. District Court for the District of Colorado on April 17, 2019, upheld United Cannabis Corp.’s (UCANN) patent claims concerning a liquid cannabinoid formulation, “wherein at least 95% of the total cannabinoids is a specified cannabinoid or combination of them.”1 Pure Hemp challenged the claims in an early … Continue Reading

December 2016 Retail Patent Litigation Report

By R. David Donoghue on Posted in Retail Litigation Report, Uncategorized
December filings continued to be happily slow.  Frequent filers included e.Digital, Hawk Technology, Internet Medial Interactive, Phoenix Licensing, Reflection Code, Rothschild entities, Shipping & Transit, and Symbology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go … Continue Reading

Microsoft v. i4i: Snatching Victory from the Jaws of Defeat

By R. David Donoghue on Posted in Patent Litigation Tips, Uncategorized
Last year, the patent defense bar was disappointed when the Supreme Court refused to lower the standard for invalidating patents based upon prior art that was not considered by the Patent Office.  According to Professor David Schwartz from Chicago-Kent College of Law and Christopher Seaman from Washington and Lee University School of Law, the apparent … Continue Reading

Lists

By LexBlog Admin on Posted in Uncategorized
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Five Tips for Getting Patent Claims Indemnified

By R. David Donoghue on Posted in Patent Litigation Tips, Uncategorized
Indemnification is a key component of most retail patent litigation.  Whether the accused technology is internet-based or focused on a product, there is almost always an indemnitor somewhere in the supply chain.  And indemnification can be a $1M+ responsibility.  For what is often a seven-figure decision, many companies are surprisingly haphazard about indemnification.  Here are … Continue Reading
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