Friday, 28 November 2008
Wednesday, 26 November 2008
"Once RPX gains ownership of a patent, it takes the patent off the market, thereby reducing an existing product's susceptibility to patent trolls. RPX also allows member companies to license the patents RPX owns. As part of the contractual agreement between RPX and members, a provision states that RPX will not assert or litigate patents it acquires".Focused almost exclusively in the IT field, including software, e-commerce, mobile communications, networking, and consumer electronics devices, RPX seeks initially to buy $100 million in patents each year, raising the cash through membership fees (US$35,000 to US$5 million, depending on the size of the company).
Thursday, 20 November 2008
Monday, 17 November 2008
Friday, 14 November 2008
Right: the Windsurfer -- a potent image for European patent litigators, but there's no plain sailing on the way to establishing the new European patent court
Reporting from the Trilateral Authorities users’ meeting in The Hague, he writes:
"It seems that patents are no longer a priority for the French – although that is probably a bit too simplistic. In fact, I have been told that there are splits between ministries within the French government. Some departments (such as that responsible for industry) are keen to press on and others are less inclined to waste (as they would see it) political capital on trying to reach an agreement on patents when there are far more important (as they would see it) issues to deal with; and this is a view that seems to be shared by the French delegation in Brussels.
That said, there is a new document relating to the patent court. Intriguingly, it is entitled “Draft Agreement on the European Union Patent Judiciary - compatibility of the draft Agreement with the EC Treaty - possible request to the EC Court of Justice for an opinion (Article 300(6) EC)”. Unfortunately, it does not yet seem to be available to view.
Anyway, the clock is ticking down. ... There is a chance that things may be revived under the Swedes when they take the reins in the second half of 2009. But do not bet on it. Instead, the chances are that nothing much is going to happen and a single European patent jurisdiction will remain a distant dream".
Wednesday, 12 November 2008
Monday, 10 November 2008
"If a client has a good case there is a good chance that client can offset anywhere from 50-100% of the cost risk, typically at no upfront cost and at no cost if the case loses".But what happens, it may be asked, where both sides can establish a good case?
Friday, 7 November 2008
"The need for a legal "Elements of Style" aimed at U.S. patent litigators has long been acknowledged by patent law attorneys and judges within the Federal Circuit. The United States Court of Appeals for the Federal Circuit has recently embarked on a campaign to improve the quality of briefing. With Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit , Mark Davies has provided attorneys with an indispensable guide to briefing and arguing cases before the Federal Circuit.While the text is obviously aimed at the US market, there is plenty to commend it to the non-US reader, whether as a good handle on US patent appellate proceedings or as a source of ideas that can arguably be transplanted to other, less litigious jurisdictions,
Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit is a practical guide to appellate advocacy for patent attorneys appearing before the federal appellate court responsible for patent law. The book guides readers through the organizational requirements needed for a Federal Circuit appellate brief, as set out in the Federal Rules of Appellate Procedure, with an emphasis on developing an appellate style for briefing a patent appeal. It is an essential manual of instruction for litigators and anyone interested in understanding the procedures of writing a winning appellate brief and presenting it in court. Topics include clear writing, the importance of presentation, the types of arguments most likely to succeed, and the formal requirements for filing a brief. Other issues include effective oral argument presentation and petitions for panel rehearing and rehearing en banc. Samples (all written by the author) are included".
You can check out this book's details via the publisher's web page here.
Wednesday, 5 November 2008
Tuesday, 4 November 2008
In "US court blocks Amazon-style patent trolls", The Register reports on Re Bilski and Warsaw, a controversial decision (full text here) in which the United States Court of Appeals for the Federal Circuit upheld an earlier decision by the US Patent Office to reject a patent application for a method of hedging risks in commodities trading. The 9-3 decision rejects the court's own earlier State Street Bank ruling of what can be patented. Instead, it favours earlier Supreme Court guideline that maintains a stricter, two-pronged standard. IP auctioneers Ocean Tomo have sought to assuage fears that business method patents are no longer valid in the US, but The Register's view is one that is widely held in commercial rather than technical legal circles.