A U.S. patent grants a monopoly. It entitles the owner — often a company that employs the inventor, who assigns it to her employer, usually by contractual obligation — to practice the invention exclusively for a period of time. After the monopoly ends, though, anyone may use the invention. But during the monopoly period the
patent
Federal Circuit Affirms No Infringement of Ringback Patent
By Barry Barnett on
You call your friend's cell phone. You wait briefly as the system recognizes your number and also your friend's. Once that happens, in most cases, you'll start hearing either a busy signal (bawmp-bawmp-bawmp) or a ringback tone.
But, just as people may customize the sounds their phones make when calls come in to them…
Federal Circuit Divines Jury’s Intent on Damages
By Barry Barnett on
The Federal Circuit looked at a verdict for $6.5 million this week and held that the jury meant to award more.
The case involved three patents relating to "transmission of data in telecommunications networks." Telcordia Technologies, Inc. v. Cisco Systems, Inc., No. 09-1175, slip op. at 3 (Fed. Cir. July 7, 2010). One…
Supreme Court Ends Term: Guns, Prayers, Accounting, and Patents
By Barry Barnett on
The U.S. Supreme Court handed down four decisions today. As the hour has grown late, Blawgletter will give just a thumbnail for each:
- Second amendment right to pack heat applies to states and cities as well as feds. McDonald v. City of Chicago, No. 08-1521 (U.S. June 28, 2010).
- First amendment doesn't require law school
…
Plain Error on Plain Error?
By Barry Barnett on
The Federal Circuit today tossed the work of a jury on grounds that the losing parties never raised before their appeal. "Plain error", the panel held.
Uh.
The plaintiff, WordTech Systems, alleged that Integrated Network Systems, and two men who worked at INS, infringed patents relating to robo-copying compact disks. At trial, the district court…
No Backsies, Federal Circuit Holds; The Rule Against Recapture
By Barry Barnett on
Stephen Colbert (courtesy of NPR) explains the meaning of backsies thus:
Mr. COLBERT: Backsies is the technical term for reneging on a previously settled agreement.
(Soundbite of laughter)
Mr. COLBERT: We've all done backsies, asking for the return of your Barbie doll or baseball card. In fact, 50 percent of all American marriages end
…
You Can’t Patent Basic Research, En Banc Federal Circuit Rules; Harvard Loses 9-2
By Barry Barnett on
You know something odd has happened in the law when a court takes 38 pages to say a basic thing — like that a patent must describe the invention it aims to cover.
The 11-judge Federal Circuit did just that today, 9-2. The court held that 35 U.S.C. § 112, first paragraph, "contains a written description…
District Judge, Sitting on Federal Circuit, Fusses About De Novo Review
By Barry Barnett on
U.S. District Judge Ron Clark today used his seat on a Federal Circuit panel as soapbox for speaking out against de novo review of Markman rulings.
In Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996), the Court snatched from juries the task of deciding what operative words in a patent mean. The Court held that…
False Patent Marking Gets Fine “Per Article”, Federal Circuit Rules
By Barry Barnett on
If you've worked in the building trades, you've seen people trudging around with their feet up to a yard or more off the ground. Blawgletter does not refer to self-levitation. We mean instead the workers – often those putting up drywall — who walk on stilts so they can reach high spots at will.
Yesterday, the Federal Circuit used a case involving a…
Microsoft Owes $240MM and Must Quit Word’s XML Editor, Federal Circuit Holds
By Barry Barnett on
The Federal Circuit yesterday upheld almost all of a $240 judgment against Microsoft Corporation for willful patent infringement.
U.S. District Judge Leonard A. Davis presided over a jury trial on i4i's claims. He accepted findings of infringement and willfulness and the jury's verdict of $200 million in damages. He also enhanced the award by $40 million, in part due to…