Formerly Practicing Entities: Part I
Jason Bourgeois IP Portfolio Manager For many in the patent space, the pejorative label “patent troll” is the first thing to spring to mind when they hear of an entity vigorously enforcing its intellectual property rights. This label has been used to describe a wide range of entities, from companies that have never and will […]
Tumultuous Alice Landscape Justifies Denying Fees under § 285
Jason Bourgeois IP Portfolio Manager Contact: [email protected] Two District Court Judges in the past 7 days have declined to award attorney fees following successful § 101 validity challenges. Both Judges cited the “unsettled and rapidly evolving” post-Alice landscape of patent eligibility under § 101 as reason to deny the § 285 motion for fees. In […]
The Amazon Counterfeit Flood Expands
Adam Baumli IP Portfolio Manager [email protected] Today in an article, CNBC essentially restated much of what I wrote here about Amazon ruining America’s small businesses through their counterfeit smuggling ring. Highlights from CNBC’s article: On the Amazon Counterfeiters: “The prices are lower, the theft seems uncontrollable and consumers who don’t know any better think they’re […]
The Amazon River of Counterfeit Products
Adam Baumli IP Portfolio Manager Contact: [email protected] This article is a start of a series to explore the current landscape of Intellectual Property Law and how it is enforced with respect to the e-commerce marketplace. This article highlights one specific case to be decided by the Federal Circuit and expands on the damage the current […]
Judge Robinson: No Certification for Denied 101 Motion
Jason Bourgeois IP Portfolio Manager Contact: [email protected] On May 6th in the U.S. District Court for the District of Delaware, Judge Robinson denied AOL’s motion to certify for interlocutory appeal the Court’s previous order denying AOL’s 101 motion to dismiss for lack of patentable subject matter. (Improved Search LLC v. AOL Inc., 1-15-cv-00262; view the […]