Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S. Payne, in the United States District Court for the Eastern District of Texas, Marshall Division, issued an order in Smart Path Connections, LLC, v. Nokia of […]
Infringement
A Better Approach to Collaboration Between Technical and Financial Experts in Intellectual Property Litigation
Technology related litigation, e.g., patent infringement and trade secret misappropriation matters, requires an explanation of complex concepts to the judge and jury. The responsibility for such explanations often falls to experts. Technical experts in patent infringement matters describe how elements of the asserted patent claims are (or are not) embodied in the accused product, to […]
Crypto After the Crash: Strategies for Resolving Valuation and Tax Issues in Matrimonial and Other Litigation
Introduction The cryptocurrency market was down approximately 64% for the year 2022, with most of the decline occurring before the FTX collapse. For many, this news may bring a feeling of JOMO (Joy of Missing Out). For practitioners involved with cases involving crypto, however, it just further complicates an already complex subject matter. This article […]
Intellectual Property Issues in Breach of Contract Disputes
An owner of Intellectual Property (IP) can choose to license or transfer the IP it holds. If an owner chooses to license its IP, considerations such as whether the license will be exclusive or non- exclusive, what types of IP will be licensed, which products of the licensee(s) will be covered under the license, the […]
Technical Expert Insights on Strategic Patenting
Whether you are building your portfolio with new patents, looking to enter new markets or looking to monetize, it is critical to have a well thought out strategy. Starting with some basic questions; what’s in our portfolio now? Where do we want IP protection in the future? Where are the markets going? Asking these questions, […]
Factors Influencing the Legal Quality of Patents
As I mentioned in a previous blog post, different aspects of patent quality are affected by different actors in the patent system. Improving patent quality requires careful examination of the various policy levers available to different actors. For instance, the US Patent and Trademark Office (USPTO) is bound by the statutes set forth by Congress. […]
Overview of Lost Profit Damages in IP Disputes
At its core, lost profit damages are an evaluation of the additional profit the plaintiff would have made had the defendant not committed the alleged wrongful act. Lost profit damages can take many forms including lost profits related to lost sales, price erosion, increased expenses, or injury to a company’s goodwill/reputation. Lost profit damages may […]
ITC to resume in person Section 337 Hearings in September
On September 29, 2022, the United States International Trade Commission (ITC) announced a return to in person hearings, including Section 337 Investigations. Section 337 investigations conducted by the ITC often involve claims regarding intellectual property rights including allegations of patent infringement, trademark infringement, and trade secret misappropriation against goods being imported into the United States. […]