Litigation

09Nov 2017
gavel of justice

In the recent argument before the US Supreme Court about gerrymandering, Gill v. Whitford, a mathematical formula was presented to the judges that requires adding together two numbers (“wasted” vote totals) and dividing the sum by a third number (the total number of votes cast.) This formula is called the “Efficiency Gap” and lawyers told the justices […]

14Jul 2017
Courtroom

The Eastern District of Texas is a large rural Federal judicial district.  The biggest city is about the size of Allentown, Pennsylvania.  Not what you would expect of a hotbed of patent litigation.  Nonetheless, the Eastern District of Texas has dominated patent infringement litigation for years.  In the first quarter of 2017, patent plaintiffs filed […]

29Nov 2016
Courtroom

In many areas of the law, excessive delay in pursuing a right can be a defense in a later lawsuit.  The defense is known as ‘laches’ and is based on fairness – by delaying the litigation, the person asserting the right has acquiesced in the other party’s conduct.  Historically, the fairness-based laches defense applies only […]

11Apr 2016
Designs for patents

The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law.  The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]

21Mar 2016
Bottle of Yogurt

Dear Doc: I hear that in patent law, there’s a new worry about “Mayo”. What’s up? Did someone leave it out of the fridge? Did it spoil? Did folks get sick? Signed, The Entire Pharmaceutical Industry Dear Industry: The “Mayo” you heard about has spoiled a lot of things, and is likely to cause a […]

01Mar 2016
BMW

Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it? Do you think that the manufacturer would even listen to you? David Lazarus, an LA Times reporter, recently wrote about this subject.  Mr. Lazarus recounts the experience of a Dr. Ron Aryel, who approached […]

30Apr 2014
TM is for Trademarks

Last month, we reported that Google lost patent infringement litigation relating to the Google Street View technology and that Street View was off the air.  While Google did lose the infringement litigation, if Street View was ever down it was back on line by the time our newsletter published. — Robert Yarbrough, Esq.

31Jul 2012
C in the circle is for copyrights

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]