Category Archives: NPE Court Decisions

October 29, 2012 NPE Newsclips

The Scourge Of Patent Trolls (Nathaniel Borenstein / mimecast.com)

Digimarc Reports Increased Revenues From IV (Digimarc.com)

IV Hiring For Global Good Position (linkedin.com)

Mobile Health Market Ripe For NPE Claims (Orion Armon / mobihealthnews.com)

US & EU Regulators Focused On NPE’s (David Balto/ Huffingtonpost.com)

Congress Needs To Address NPE’s (metrocorpcounsel.com)

Neither Romney Nor Obama Address Broken Patent System (Lydia DePillis / tnr.com)

NY Legal Hacker Presentation On NPE’s On 11/7 (projective.co)

IV Executive To Sit On Panel Discussing NPE Licensing Strategies (intellectualventures.com)

Apple Sued By NPE Over File Viewer Patent (Steven Musil / cnet.com)

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Filed under Intellectual Ventures, Mass Aggregators, NPE Articles, NPE Court Decisions, NPE News, Patent Litigation, Patent Troll, Patent Trolls, Patents

October 28, 2012 NPE Newsclips

Vringo Litigation Against Google Looking Good (Georgi Dimitrov / seekingalpha.com)

Forbes weighs in on Vringo Litigation (Richard Finger / Forbes)

Nathan Myhrvold – Humanitarian Technologist? (Tom Paulson / humanosphere.org)

AON Announces Exclusive NPE Insurance Distribution From RPX (aon.com)

IV Patent Information Demands Gets Weird (Tom Ewing / anewdomain.net)

Ex-IV Lead Engineer At Stealth Energy Startup (John Cook/ geekwire.com)

IV Engineer Happy to Work On Converting Biomass Into Renewable Fuels And Chemicals (intellectualventureslab.com)

Patent Trolls = Plague? (wickershamsconscience.wordpress.com)

Law Firm Asserts NPE Litigation Not On Rise (kk-llp.com)

Apple Sued by NPE On RPI Assigned Patent Regarding Siri (patentlyapple.com)

 

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Filed under Intellectual Ventures, Mass Aggregators, NPE Articles, NPE Court Decisions, NPE News, Patent Litigation, Patent Troll, Patent Trolls, Patents

New NPE Defense = Terminal Disclaimers?

Wilson Sonsini has issued a Client Alert reporting a most interesting decision from District of Nevada decision in Email Link Corp. v. Treasure Island, LLC et. al holding “…that a patent subject to a terminal disclaimer was unenforceable against the alleged infringers because it was not commonly owned with the related prior patent, even though both patents were owned by subsidiaries that were wholly owned by the same parent company.”

The Alert concludes:

“This holding clarifies that two subsidiaries wholly owned by the same parent do not count as “commonly owned” for terminal disclaimer purposes. The decision underscores the importance of looking to the assignment history of the asserted patents and the relationships among the assignees in a patent family that are subject to terminal disclaimers when preparing a patent litigation defense.”

Note that the entities involved are Acacia and two of its subsidiaries. With the proliferation of NPE’s and their subsidiaries, and the  confusing transfer of ownership rights among them, this decision could raise a new defense against such mass patent aggregators.

Expect this decision to be appealed to the Supremes.

Here is a link to the WSGR Client Alert with more information and background: http://www.wsgr.com/wsgr/Display.aspx?SectionName=publications/PDFSearch/wsgralert-terminal-disclaimers.htm

BTW, who sues a casino? Wouldn’t one worry that a bloody horse’s head is going to end up in your bed? Just saying…………..

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Filed under Mass Aggregators, NPE Court Decisions, Patent Litigation, Patent Troll

Fed Circuit Slams NPE Rembrandt

The Federal Circuit in a recent decision affirmed a district court decision finding that cable companies did not infringe the asserted patents of NPE Rembrandt Technologies, LP.

Here is a link to an article discussing the decision:

http://www.cablefax.com/cfp/just_in/MSOs-Recent-Patent-Victory-Paints-Plaintiff-into-a-Corner_54442.html

Here is a link to the decision itself.

http://www.finnegan.com/files/Publication/9f8fe33d-8ce2-44b6-9c6f-650b439c715c/Presentation/PublicationAttachment/b139ba60-41b5-4c5d-b7d9-66de8ec3b204/12-1022%209-13-12.pdf

BTW, cute name for an NPE. But, apparently the paintings in the attic weren’t that valuable.

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Fed Circuit Slams NPE Over Personal Jurisdiction

The Federal Circuit affirmed a district court and found no personal jurisdiction in Wyoming for defendants sued by NPE AFTG-TG, LLC, interpreting the Supreme Court “stream of commerce” cases.

See Cary Chien’s blog post here with more information: http://www.lexology.com/library/detail.aspx?g=a4c255ad-b2ee-4383-ad29-fce7e632d001

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NPE Variant Holdings Avoids AIA

Allison Frankel in her latest “On The Case” blog reports on the shenanigans of Nevis-based NPE Variant Holdings in filing in ED Texas (surprise) and Judge Gilstrap permitting the case to continue:

http://newsandinsight.thomsonreuters.com/Legal/News/2012/09_-_September/Getting_away_with_joinder_in_East_Texas/

 

 

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Rambus Loses…Again

Rambus gets bitch smacked at the ITC:

http://news.techeye.net/chips/rambus-loses-patent-suit-against-lsi-and-stmicroelectronics

Nice job Rambus executives, keep the remarkable litigation track record going!!!!

Oh, and good bye to “Clarissahitable”……………as the CEO rides off into the sunset.

BTW, Rambus is not really a Patent Troll, but is only included because the geek world thinks Rambus is a Patent Troll.

 

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