201508.20
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Representative Orders, Decisions, and Notices, in PTAB Trials

By Rick Neifeld, of Neifeld IP Law, and Ben Davidson, of the Davidson Law Group 1 I. INTRODUCTION In the short time since it was created by the America Invents Act, the Patent Trial and Appeal Board (“PTAB”) has become one of the busiest venues for challenging issued U.S. patents. Companies accused of infringing patents…

201505.27
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Justices Kill Good Faith Defense To Inducement

(Originally published in Los Angeles Daily Journal (May 27, 2015) On Tuesday, in Commil USA LLC v. Cisco Systems Inc., the U.S. Supreme Court held that a defendant’s good faith belief that a patent is invalid is not a defense to a claim of induced infringement. The case involves a patent holding company’s lawsuit against…

201502.12
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E-Commerce Traffic Patent Invalid Under Alice, Judge Rules

E-Commerce Traffic Patent Invalid Under Alice, Judge Rules (Law360, February 12, 2015)(“Ben M. Davidson of Davidson Law Group LC, representing Crakmedia, told Law360 that the ruling represented the “promise” of the Alice decision. ‘You don’t have to suffer through summary judgment, expert discovery and trial to get out of a frivolous case,” he said. “The…

201502.10
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Davidson Law Group wins dismissal of trademark infringement claims on behalf of law firm client

Law360 (2/10/15) “Law Firm’s Iranian-Targeted Ads Don’t Flout Trademark, Judge Finds.” (“Ben M. Davidson of Davidson Law Group PLC told Law360 on Monday that the dismissal is noteworthy because the court recognized that “consumers are…sophisticated [and] they’re going to know the difference between the services a law firm provides and a marketing firm provides.”).

201412.29
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Ben Davidson quoted by Daily Journal on significance of Supreme Court rulings in software patent litigation

Ben Davidson quoted by Daily Journal on significance of Supreme Court rulings in software patent litigation. (Los Angeles Daily Journal December 29, 2014) “In the dot-com era, people were patenting all of these business ideas,” said Davidson…. “They didn’t re-invent the Internet, they applied the Internet to an abstract idea from the brick-and-mortar era.”

201412.29
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Justices Curious about the Building Blocks of Software

(Originally published in Los Angeles Daily Journal 12/29/2014) On Jan. 9, the U.S. Supreme Court invited the views of the solicitor general on whether to hear the Oracle v. Google copyright litigation relating to the Android operating system. At issue is whether Oracle can protect through copyright the command structure for its Java Application Programming…