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Archives for April, 2012

Defending the Patent Case: Discovery Primer on Requests for Production

Many patent litigation treatises or other secondary materials describe the types of discovery devices that can be used in patent cases, but few of them discuss what to seek—and why.  Attorneys who are new to patent litigation often rely on exemplars of discovery requests prepared by others but may not appreciate their purpose.  In this…

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Tell Me a Story About Claim Construction

Storytelling is the key persuasive device used to win lawsuits.  Early in any case, good litigators begin to develop a compelling narrative with themes that support the outcome they seek for their clients.  Patent cases are no different, at least when they get to trial.  Before that happens, however, courts must construe the patent claims. …

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Are You Sure You Own That Technology?

So, you hired a brilliant engineer to design a new medical device for your company.  He used your computers, your staff, your vendors, your testing equipment, and developed it on “company time.”  He received the salary that was agreed-upon for his efforts. The device looks promising.  It could be a real game-changer.  Realizing this, your…

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Yahoo v. Facebook–Facebook Returns Fire

On April 3 Facebook answered Yahoo’s patent infringement complaint in the pending lawsuit in the Northern District of California.  As many people predicted, Facebook also alleged patent infringement claims against Yahoo based on 10 of Facebook’s patents.  We discussed Yahoo’s patents and the likelihood that statutory subject matter issues would play a prominent role in…

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Defending the Patent Case – Make the Patent Holder Commit

Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case.  There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin down the patent holder’s positions as early as possible to improve your chances…

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