Seven justices today rejected an attempt to make patents easier for judges and juries to find invalid. The Court held that Congress's granting patents a presumption of validity saves patents unless their foes prove a basis for invalidity with "clear and convincing" evidence. Microsoft Corp. v. i4i Ltd. Partnership, No. 10-290 (U.S. June 9
Intellectual Property
Antitrust Laws Don’t Aim to Protect Consumers, Ninth Circuit Points Out in TV Bundling Case
By Barry Barnett on
Why do we have antitrust laws?
The Supreme Court has called them "the Magna Carta of free enterprise", United States v. Topco Assocs., Inc., 405 U.S. 596, 610 (1972), and the Sherman Act "a comprehensive charter of economic liberty", Northern Pac. R.R. Co. v. United States, 356 U.S. 1, 4 (1958).
Sounds great. But…
Bad Bar Order Forfeits Bond (Usually), Second Circuit Rules; Seventh Circuit Explains Bond’s Goal
By Barry Barnett on
You convince the trial judge that your side will likely win on the merits and that in the time between now and trial your client will suffer harm that money can't fix. The judge enjoins the other side — under Rule 65 — from doing the hurtful stuff pending trial. But the court of appeals vacates…
Frank Easterbrook, Regular Guy
By Barry Barnett on
What image pops into your head when you think of Seventh Circuit Chief Judge Frank Easterbrook? A man sitting at a dark wood bench, wearing a beard and black robe, hurling harsh questions at a lawyer, possibly you? Nothing?
Blawgletter bets you didn't just say to yourself that you see a guy munching a KFC…
Quote of the Day: Diarmud F. O’Scannlain
By Barry Barnett on
[I]t is not clear just what point I am missing.
Montz v. Pilgrim Films & Television, Inc., No. 08-56954, slip op. at 5933 (9th Cir. May 4, 2011) (O'Scannlain, J., dissenting from 7-4 en banc ruling that federal copyright law does not preempt state law claims for breach by film or television producer/director of…
My Oh Myopia: Federal Circuit Views Forum Consent Clause
By Barry Barnett on
The inventor from New Jersey, Thomas Sullivan, tried to charm a Tennessee company, Radio Systems, into paying him for a license to make and sell his invention. Radio Systems at length agreed to let Mr. Sullivan drop by to show them his device, which he called "Wedgit" and on which he held a U.S. Patent. But first he had to sign a Confidential…
Quote of the Day: Holman W. Jenkins, Jr.
By Barry Barnett on
Stop wasting your money on antitrust lawyers. Hire patent lawyers instead.
Holman W. Jenkins, Jr., "The Trustbusters' Last Meal Ticket", The Wall Street Journal, Apr. 16, 2011 (fussing again about those durn antitrust laws).
Killer Patent App: Fifth Circuit Holds That Filing for Patent Destroys Secrecy Part of Trade Secret Claim
By Barry Barnett on
Doesn't the whole world know that, if you publish info you regard as a trade secret, you lose any right to complain about others' use of the info?
The man who came up with a way to pack meat with zero oxygen in the package seems not to have gotten the memo. He — Dr. Gustav…
Google Loses Cover of Books Class
By Barry Barnett on
Awhile back, Blawgletter inquired if Google would, in asking for a federal court okay to a copyright pact in a massive class action, reveal itself at long last as not the Don't Be Evil people but instead as the Big Bad Wolf. See "Who's Afraid of Google Books? Tra La La La La".…
Quote of the Day: Jan Horbaly
By Barry Barnett on
[W]e deem the Eastern District's previous claim construction in a case that settled more than five years before the filing of this lawsuit to be too tenuous a reason to support denial of transfer.
Jan Horbaly, In re Verizon Business Network Services Inc., Misc. No. 956, slip op. at 6 (Fed. Cir. Mar. 23…