Remote litigation divide may shape court selection: counsel

MANAGING IP Rani Mehta August 26, 2022 Litigators debate what proceedings are best done remotely and whether courts’ differing approaches will affect forum shopping When Fish & Richardson’s David Conrad litigated a patent dispute a few months ago, he was frustrated to learn that the scheduling conference would be held in person. The hearing, which would only take […]

Fintiv guidance vexes doctrine’s in-house backers and critics

MANAGING IP Rani Mehta June 24, 2022 Counsel from Blackbird, Unified Patents, two other companies and a law firm debate what new ways to avoid Fintiv mean for petitioners and patent owners The USPTO’s new Fintiv guidance has addressed some patent challenger concerns but ultimately left the policy’s backers and critics frustrated over what it will […]

Patent venue still ‘unsettled’ five years after TC Heartland

Sources say the convenience of witnesses factor may be more important now, while the Federal Circuit could still weigh in on venue-related uncertainties By Rani Mehta  June 05 2022 Almost five years have passed since the US Supreme Court changed the calculation for determining patent venue in TC Heartland v Kraft Foods. The court ruled, on June […]

Why Delaware’s order to disclose litigation funding matters

Sources at funders, law firms and an NPE debate what chief judge Colm Connolly’s standing order means for discovery and settlements in Delaware Managing IP By Rani Mehta  April 27 2022 It’s well known that patent litigation funding has become a bigger deal in the US. Managing IP reported earlier this year on how COVID, lucrative tech, big-ticket […]

NPEs set sights on UPC and more patent acquisition

Blackbird, Dominion Harbor, Acacia, and Harfang IP say the market is hot for patent acquisitions and that litigation opportunities could soon emerge in Europe By Patrick Wingrove  March 03 2022 Non-practising entities including Dominion Harbor, Blackbird Technologies, Acacia Research and Harfang IP are once again gearing up for a busy year of deal-making. Like last year, […]

Design Patents 101: Understanding Utility Patents’ Lesser-Known Cousin

By Matthew C. Berntsen, Jeffrey Ahdoot & Wendy Verlander May 30, 2021 Blackbird’s expertise in obtaining compensation for the unauthorized use of intellectual property runs deep. In the design patent space, Blackbird recently reached amicable resolutions with numerous well-known retail pharmacies and cosmetics companies regarding the patented cosmetic applicator design of U.S. Patent No. D666,358. A […]

A Settlement Agreement Can Be Evidence of an Appropriate Patent Royalty Rate Even When It Occurs Years After Patent Infringement Began

FINNEGAN February 26, 2021 LES Insights By John C. Paul; D. Brian Kacedon; Anthony D. Del Monaco; Cecilia Sanabria; Michael Aragon Abstract A patent damages expert, who testified on the amount of damages for patent infringement, based his testimony on a settlement agreement occurring almost four years after infringement began. The Delaware magistrate judge recommended not excluding this testimony because […]

Five NPEs reveal new IP monetisation plans

ManagingIP Blackbird, Dominion Harbor, Acacia, Endpoint IP and Harfang IP share their goals for a pandemic-wrought 2021, including buying up cheap divested patents By Patrick Wingrove  January 28 2021 With vaccines providing hope of a reprieve from the pandemic, non-practising entities including Dominion Harbor, Blackbird Technologies, Acacia Research, Harfang IP and Endpoint IP are gearing up […]