Posts Tagged ‘patent litigation’

Reining in patent litigation via fee shifts

Prevailing parties in patent suits can win attorneys’ fees from losing opponents in cases deemed “exceptional.” “Under the test used to identify exceptional cases, cases must be objectively baseless and brought in bad faith.” That is already a painfully narrow exception, allowing for large volumes of poorly founded litigation, but two cases before the Supreme Court this term may provide clarity on when courts can deem cases “exceptional” and suitable for a fee shift. Broader use of fee shifts — presumably by way of deeming at least some swath of losing cases “exceptional” — would be one way of addressing the patent troll problem that would not call for new legislation. [ABA Journal, related, Corporate Counsel (arguments that judiciary can deal with trolls on its own]

In other developments, the Federal Trade Commission has voted to proceed with an inquiry into the patent troll problem [New York Times] and the Government Accountability Office has released a long-awaited report on the issue [Mike Hogan and Gregory Hillyer, Legal Intelligencer]

Intellectual property roundup

November 13 roundup

  • New law grads and others, come work for liberty at the Cato Institute’s legal associate program [Ilya Shapiro]
  • Lawsuit against United Nations seeks compensation for mass cholera outbreak in Haiti [Kristen Boon, Opinio Juris]
  • “Parents Sue Energy Drink After Girl’s Death” [NBC Washington; Hagerstown, Md.] “The New York Times Reveals That 18 Servings of an Energy Drink Might Be Excessive” [Jacob Sullum]
  • Claim: There is no explosion of patent litigation [Adam Mossoff, Truth on the Market, and further]
  • “After Inmates Sue for Dental Floss, Jailers Explain the Security Risk” [ABA Journal, earlier]
  • Court: First Amendment protects right of “The Bachelor” producers to consider contestants’ race [Volokh, earlier]
  • From Florida tobacco litigation to an, um, interesting higher-education startup [Inside Higher Ed, h/t Overlawyered commenter Jeff H.]

Intellectual property roundup

  • “The patent, used as a sword” [NY Times, Flowing Data]
  • Default judgment over 528 songs against contumacious defendant: “Website ordered to pay $6.6 million for posting song lyrics” [NLJ]
  • “Monsanto Seed Patent Case Gets U.S. Supreme Court Review” [Bloomberg Business Week]
  • New book tells story of Ira Arnstein, whose frivolous suits against Cole Porter, Irving Berlin et al set important precedent [WSJ]
  • “Do it ‘on the Internet,’ get a patent, sue an industry — it still works” [Joe Mullin, Ars Technica]
  • “Court rules book scanning is fair use, suggesting Google Books victory” [Timothy Lee, ArsTechnica]

June 11 roundup

  • Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
  • Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [] At “public interest watchdog”, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
  • Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
  • A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
  • “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
  • “Community banks to Congress: you’re crushing us” [Kevin Funnell]
  • If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]

March 2 roundup

  • Transportation Secretary Ray LaHood, who crusades against distracted driving, worsens the problem by honking at motorists he sees using phones [WTOP via Mike Riggs, Reason] Expensive new mandate for back-up cameras in cars may be delayed until after election [Ira Stoll and more, Ann Althouse]
  • With reporter Lee Stranahan, the late Andrew Breitbart shone an investigative spotlight on the USDA’s billion-dollar settlement with lawyers representing black farmers, and there was indeed much to investigate [Big Government]
  • Substance on floor may have been own baby oil: “Oiled Stripper Loses Slip and Fall Lawsuit” [Erik Magraken; B.C., Canada; related on-the-job pole-dance injuries here and here]
  • Honeywell’s new thermostat design deserves high marks, its patent litigation maybe not so much [Farhad Manjoo, Slate]
  • Socialism takes too many evenings: @ChadwickMatlin live-tweets Park Slope Food Co-op meeting [The Awl]
  • Auto bailout a success? Really? [Mickey Kaus, Todd Zywicki, Ted Frank, Prof. Bainbridge]
  • Way to go Maryland: proud of my state for enacting law recognizing same-sex marriage, signed by Gov. O’Malley yesterday [WaPo]

February 24 roundup

  • Melissa Kite, columnist with Britain’s Spectator, writes about her low-speed car crash and its aftermath [first, second, third, fourth]
  • NYT’s Nocera lauds Keystone pipeline, gets called “global warming denier” [NYTimes] More about foundations’ campaign to throttle Alberta tar sands [Coyote] Regulations mandating insurance “disclosures” provide another way for climate change activists to stir the pot [Insurance and Technology]
  • “Cop spends weeks to trick an 18-year-old into possession and sale of a gram of pot” [Frauenfelder, BB]
  • Federal Circuit model order, pilot program could show way to rein in patent e-discovery [Inside Counsel, Corporate Counsel] December Congressional hearing on discovery costs [Lawyers for Civil Justice]
  • Trial lawyer group working with Senate campaigns in North Dakota, Nevada, Wisconsin, Hawaii [Rob Port via LNL] President of Houston Trial Lawyers Association makes U.S. Senate bid [Chron]
  • Panel selection: “Jury strikes matter” [Ron Miller, Maryland Injury]
  • Law-world summaries/Seventeen syllables long/@legal_haiku (& for a similar treatment of high court cases, check out @SupremeHaiku)

December 13 roundup

  • “The real cost of patent trolls” [Brad Feld, PoL on BU study] Survey finds patent litigation booming [Corporate Counsel, Reynolds Holding/Reuters] Company claiming patent on wi-fi-in-stores unlikely to sue retail customers “at this stage” [Patent Examiner] Retrospective on crustless-sandwich case [Peter Smith/Good, earlier]
  • Louisiana federal court holds severe obesity to be disability under ADA [Sam Bagenstos, related]
  • Florida: many cops remain on job despite evidence linking them to crimes [Balko on Sarasota Herald-Tribune investigation]
  • “FDA Regulation Could Doom Cigar Shops” [Jacob Sullum]
  • Ted Frank vs. Brian Fitzpatrick on class action fees [PoL, David Lat on Federalist Society panel]
  • Orange County keeps mum about partnerships it’s entered with plaintiff’s attorneys Robinson, Calcagnie and Thomas Girardi [Kim Stone, Fox & Hounds] Maybe like “private attorney generals”? Fannie/Freddie genre of government-sponsored enterprises called “monstrous moral hybrids” [Mark Calabria, Cato]