• ‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

    In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various news reports, romance writer Faleena Hopkins has been asserting a trademark she registered with the U.S. Patent and Trademark Office to prevent the use of the word “Cocky” in the titles of adult romance novels which have been published by other writers. This trademark policing campaign has sparked public outcry and…

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  • Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

    Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 was not anticipated or obvious. On appeal, the Federal Circuit reversed with respect to claim 1 and vacated and remanded as to the remaining claims. Judge Wallach dissented, saying he thought the majority improperly substituted its own factual findings for those of the PTAB.

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  • Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

    Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 was not anticipated or obvious. On appeal, the Federal Circuit reversed with respect to claim 1 and vacated and remanded as to the remaining claims. Judge Wallach dissented, saying he thought the majority improperly substituted its own factual findings for those of the PTAB.

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  • Pro Se Loses

    by Dennis Crouch

    Huang v. Huawei (Fed. Cir. 2018)

    This is a fairly ridiculous case. Acting pro se Mr. Huang sued Huawei for infringing three of his patents: U.S. Patent Nos. 6,744,653, 6,999,331, and RE45259 (high speed memory chips).

    At the start of discovery, Huang agreed to a protective order, including a designation for “attorney’s eyes only.” Huawei then used that “attorneys eyes only” designation when it disclosed the technical information for its accused chips.  Since he had no attorney, Huang was unable to look at the disclosures.  When Huawei later motioned for summary judgment of non-infringement, Huang responded with a number of previously undisclosed reverse-engineering figures and declarations from undisclosed witnesses. The court granted a motion to strike that purported evidence as well as the summary judgment motion and awarded attorney fees to Huawei (but only $600,000) after finding his litigation behavior “constituted bad faith and an abuse of the judicial process.”

    On appeal, the Federal Circuit has affirmed — holding that the district court did not abuse its discretion.

    Lessons learned here:

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  • Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners

    However, in intellectual property circles, it would be easy question whether Google has lived up to the goal of not doing, or being, evil… Google’s efforts to devalue patent rights is foundational to the company given its long-running penchant for copying the technologies of others for its own business success. Google’s entire targeted advertising operation, which provides upwards of 90 percent of the companies revenues, relies on technologies invented by B.E. Technology in the early 2000s….

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  • Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners

    However, in intellectual property circles, it would be easy question whether Google has lived up to the goal of not doing, or being, evil… Google’s efforts to devalue patent rights is foundational to the company given its long-running penchant for copying the technologies of others for its own business success. Google’s entire targeted advertising operation, which provides upwards of 90 percent of the companies revenues, relies on technologies invented by B.E. Technology in the early 2000s….

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