Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in patent litigation (2)

Monday
Jun102013

"When Patents Attack!... Part Two" from This American Life

"When Patents Attack... Part Two!" was a recent episode of This American Life.  It is a radio show and podcast episode discussing patents, licensing, "patent trolls" and the like.

The podcast is pessimistic about patents.  There are solutions and strategies to many of the topics.

  • Liability can come from unexpected places--buy licensed raw materials, do not waive indemnity from suppliers, even better make it express in a purchasing agreement
  • The Eastern District of Texas is a hostile jurisdiction--file a local declaratory judgment action upon receipt of a cease and desist letter.
  • Everyone else is settling--consider joint defense agreements

Email me your questions about the when patents attack podcast and I will collect and publish the questions and answers.

By the way, I am a podcast fan.  A podcast is a syndicated episode (typically audio) that can be played later--kind of like a DVR for radio on your computer or smartphone.  The following list are my favorite five podcasts, the link is to their webpages and the RSS feed can be found there:

  1. ESPN: The B.S. Report with Bill Simmons.  A sports/pop culture podcast
  2. Filmspotting; Streaming Video Unit (SVU)  Film critics discuss movies through the streaming video (e.g. Netflix) prism.
  3. Shields and Brooks: PBS NewsHour Podcast  A civilized discussion of the week's politics.
  4. Sound Opinions  Music podcast featuring new music review, classic album dissections, etc.
  5. Valtimax Business Strategy and Marketing Podcast  Dave Lorenzo shares his business knowledge
Friday
Jun102011

US Supreme Court Affirms Invalidity Must be Proven by Clear and Convincing Evidence

Microsoft Corp. v. i4i Ltd. Partnership

The US Supreme Court in Microsoft Corp. v. i4i Ltd. Partnership affirmed that 35 USC 282 requires an invalidity defense to be proved by clear and convincing evidence.  The opinion was deliverd on June 9, 2011.

Read the slip opinion.  SOTOMAYOR, J., delivered the opinion of the Court, in which SCALIA, KENNEDY, GINSBURG, BREYER, ALITO, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion, in which SCALIA and ALITO, JJ., joined. THOMAS, J., filed an opinion concurring in the judgment. ROBERTS,
C. J., took no part in the consideration or decision of the case.

This results maintains the legal value of patents to patent holders and prevent those rights from being diminished.

Read "Microsoft Loses Final Appeal in $290 Million Patent Case" for the NY Times story on the case.

Microsoft Loses Final Appeal in $290 Million Patent Case