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Apple’s Hold-out Strategy Nears End & Appears to Backfire in UK

November 9, 2022 | Blog | By Michael Renaud, Daniel Weinger, James Thomson

The UK has again demonstrated the ongoing trend against hold-out, approving an order forcing Apple to commit to take a license on FRAND terms, to be determined by the court, or face an injunction. This ruling is the latest in a line of decisions favorable to SEP holders across Europe and the United States that seem to be retilting SEP licensing towards more balance between innovators (patent owners) and implementers (alleged infringers). While there is more progress to be made, and the recognition of hold-out as a real problem continues to gain traction, this new UK decision reinforces basic principles of patent law: injunctions for SEPs are a real possibility.
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Artificial Intelligence (AI) Takes a Role in USPTO Patent Searches

November 8, 2022 | Blog | By Christina Sperry

In 2021 the U.S. Patent and Trademark Office (USPTO) developed an Artificial Intelligence (AI) based prototype search system for use by examiners during examination of patent applications. The USPTO found searching success with the prototype, for the USPTO just launched an AI-based “Similarity Search” in the Patents End-to-End (PE2E) prior art search suite for patents examiners.
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On October 5, 2022, U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas recommended denying-in-part a motion for summary judgment of no willful infringement, holding that requisite knowledge of the asserted patent and alleged infringement of that patent could be satisfied by notice of the lawsuit before the moving defendant was added as a party.
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An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA

October 10, 2022 | Blog | By Oliver Ennis, Nicholas Armington, Adam Samansky

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Lost Profits – Who’s Sale is it Anyway?

August 1, 2022 | Blog | By Brad M Scheller, Robert Sweeney

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Rule 11—Use It Wisely

July 20, 2022 | Blog | By Brad M Scheller, Robert Sweeney

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Rule 11 Sanctions Appropriate for Frivolous Inventorship Pleading

July 13, 2022 | Blog | By Michael Renaud, Brad M Scheller, Robert Sweeney

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SCOTUS Declines to Answer Calls for Clarification in American Axle v. Neapco

July 13, 2022 | Blog | By Brad M Scheller, Andrew DeVoogd, Matthew Karambelas, Amanda Metell

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Benefits of Using Copyrights to Protect Artificial Intelligence and Machine Learning Inventions

July 11, 2022 | Blog | By Monique Winters Macek, Meena Seralathan, Lily Zhang

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5th Circuit Confirms Avanci SEP Pool is Safe: No Antitrust Issue with Avanci’s Pool

July 6, 2022 | Blog | By Daniel Weinger, Michael Renaud, Bruce Sokler, James Thomson

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Five Tips For Every In-House Counsel Launching an Open Source Software Program

July 5, 2022 | Blog | By Marguerite McConihe, Greg Penoyer

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DOJ Breaking with Big Tech Approach to SEPs

June 13, 2022 | Blog | By Daniel Weinger, Michael McNamara, Michael Renaud, James Thomson

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Rules for Complainant Success in ITC Trade Secret Litigation

May 16, 2022 | Blog | By Jonathan Engler, Michael Renaud

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The ITC Should Put Its Foot Down on Patent Hold-out and Hold-up

May 9, 2022 | Blog | By Jonathan Engler, Michael Renaud

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International Comparative Legal Guides 2022 Chapter 27

Chapter 27

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