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BTLJ Blog
April 14th, 2016
On February 3, 2016 a federal jury returned a verdict finding Apple guilty for willfully infringing four VirnetX Inc. patents in its products, including Apple’s VPN on Demand, iMessage and FaceTime. Apple was ordered to pay $625.6 million in damages and ongoing royalties. Following the verdict, Apple filed a motion for ...
BTLJ Blog
November 24th, 2015
“Go green” is a common expression to refer to the use of eco-friendly products. The basic idea of this expression is to encourage companies and consumers to conserve and protect the environment by changing their current practices or applying new ones that conserve natural resources, reduce waste, protect ecosystems and ...
BTLJ Blog
November 11th, 2015
Reverse payment settlements exist at the intersection among antitrust, patent and healthcare laws. Also known as pay-for-delay agreements, these occur when a patent holder agrees to pay a potential patent infringer to settle litigation and delay its entrance to the market. The payment is called a reverse one because, in the ...
BTLJ Blog
October 26th, 2015
In eDekka LLC v. 3Balls.com Inc., Eastern District of Texas Judge Rodney Gilstrap ruled against plaintiff eDekka’s patent infringement claims and invalidated the patent in question. This jurisdiction has been considered friendly toward so-called patent trolls, and Judge Rodney’s opinion may indicate tougher scrutiny going forward for overly broad patents. ...
BTLJ Blog
April 25th, 2014
by Alvaro Garcia-Delgado (LL.M. 2013)   On March 21, 2014 the European Commission, pan-European enforcer of antitrust rules, adopted a new version of its Technology Transfer Block Exemption Regulation and accompanying Guidelines. The new Regulation, which will take effect on May 1, 2014 once the Regulation currently in force expires ...
BTLJ Blog
February 23rd, 2014
Company A owns a patent that tells the difference between CDs and DVDs. Company B infringes on A’s patent by incorporating A’s technology into the laptops B manufactures, which incorporates thousands of other patents. Generally in calculating damages, total royalties awarded equal the royalty base multiplied by the royalty rate. ...
BTLJ Blog
October 28th, 2013
Patent trolls have been in the spotlight of national attention in the past year, as President Obama addressed the problem in his Fireside Hangout and a White House report attempted to quantify the impact of abusive litigation. Officially known as Patent Assertion Entities, or PAEs, these companies purchase patents and bring patent infringement claims as a ...
BTLJ Blog
May 14th, 2013
With spring in the air, it is time to take another look at current news in the world of patent troll litigation. By now full-fledged media darlings, patent infringement lawsuits filed by non-practicing entities are everywhere you turn, garnering not just upvotes on Hackernews, retweets on Twitter, but time in the halls ...
BTLJ Blog
March 13th, 2013
On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before the Supreme Court is whether isolated DNA containing all or ...
BTLJ Blog
March 11th, 2013
What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it. Any subsequent use of that item by the purchaser is not infringement. In other words, the purchaser of a patented item can do ...