THE Finjan troll, a Microsoft-sponsored patent troll, has probably received the most press coverage so far this year (among trolls). Its software patents, which had been granted by the USPTO, were mostly thrown away but a single one managed to withstand scrutiny at the Court of Appeals for the Federal Circuit (CAFC).
In Finjan, Inc. v. Blue Coat Systems, Inc., No. 2016-2520 (Fed. Cir. Jan. 10, 2018), the Federal Circuit reviewed Finjan’s assertion of two patents related to methods for protecting against malware. The Court (1) affirmed the finding that U.S. Patent No. 6,154,844 (“the ’844 patent”) was patentable under 35 U.S.C. €§ 101, (2) reversed the district court’s denial of JMOL of non-infringement as to U.S. Patent No. 6,965,968 (“the ’968 patent”), (3) vacated the damages award of the ’968 patent, and (4) remanded the ’844 patent’s damage award, finding that the district court failed to appropriate damages to the infringing functionality.
Participants in IP3 2017 included 15 operating companies including Google, IBM, Microsoft, Ford, Honda, and Cisco with nearly $2.5 million spent to acquire 70 active assets.
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More than half of the purchased lots related to Communications technologies. There was an average of 3.68 assets per patent family, with 8 lots having a single U.S. patent, and 5 lots having two U.S. filings.
The court overruled plaintiff's objection to the special master's order granting in part defendants' motion to compel the production of documents plaintiff provided to a third party as part of a litigation financing agreement that plaintiff withheld under the common interest doctrine.
In Japan, a business model for large companies to license their unused patents to SMEs to help such SMEs develop new products or create new business is getting a lot attention lately. Fuji Xerox has been participating in intellectual property business matching between SMEs and large companies since 2016 which is a local government project. Now it has signed a patent license agreement with a company in Yokohama, and made this announcement. This is the first success case in the IP business matching for Fuji Xerox.
Andrei Iancu’s full-Senate confirmation on Feb. 5 as the new director of the United States Patent and Trademark Office marks a new direction during a turbulent time for inventor rights.
The former managing partner at Irell & Manella, a law firm based in the Los Angeles area, succeeds embattled predecessor Michelle Lee. Lee was a supporter of the Patent Trial and Appeal Board, an administrative law body of the USPTO that decides issues of patentability. She resigned last June.
The PTAB is currently under fire for inter partes review, a trial proceeding that many say has eroded patent rights. It is expected that by June the U.S. Supreme Court will decide the constitutionality of inter partes review via a ruling in the case Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.
It isn’t immediately known where Iancu stands on the PTAB and inter partes review. What we know is that he has experience on both sides of IP disputes.
Iancu defended Hewlett–Packard from claims by Xerox that it infringed on a printing technology patent...