Managing Costs of Patent Litigation
It’s no secret patent litigation costs are immense. According to the American Intellectual Property Law Association, the cost of an average patent lawsuit, where $1 million to $25 million is at risk,...
View ArticleShould Ongoing Royalties be Enhanced for Bad Attitude?
In January 2013, Taiwan’s InnoLux Corp. filed an appeal with the Federal Circuit, requesting the Court to overturn an award of enhanced post-judgment (“ongoing”) royalties that appeared to be enhanced,...
View ArticleChina’s Great Leap Forward in Patents
On March 28, Apple Inc. appeared in court in Shanghai to defend charges that Siri, its voice-recognition, personal-assistant software, allegedly infringes a Chinese patent. The plaintiff and owner of...
View ArticleDesign Patents in China: Applications, Infringement and Enforcement
Nothing has fundamentally changed about the nature of design patents. The first US design patent was granted in 1842. The Statue of Liberty, Coke bottle, Volkswagen Beatle, Stealth Bomber and Star...
View ArticleThink Patent Arbitration can’t Work? Think Again.
Articles, such as this one, tout arbitration as an alternative: faster, cheaper and more confidential than litigation, with other benefits as well. However, in actual practice, relatively few patent...
View ArticleSoftware May be Patented in Asia, but the Details Remain Unclear
As in the U.S., when drafting claims in China, one must describe the invention sufficiently to enable a person skilled in the art to make and use the claimed invention. For software patents, a flow...
View ArticleBattling Trade Secret Theft in Taiwan
Last week, police detained three employees of Taiwanese smartphone-maker HTC, raided their homes and offices and seized their computers and cellphones to search for evidence, as HTC is accusing them of...
View ArticleTrade Secrets and Employee Mobility in the U.S. and Asia
Employers often spend considerable resources recruiting, hiring and training key talent, only to face potential disaster when those trusted employees quit to join a competitor, often taking sensitive...
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