PDF (link opens in new window) Monday was a good day for companies facing allegations of patent infringement. The U.S. Supreme Court issued two major decisions that reverse rulings by the U.S. Court of Appeals for the Federal Circuit that had favored patent owners. In Limelight Networks Inc. v. Akamai Technologies Inc., 12-786, the…
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…
Ben Davidson explains the Supreme Court’s rejection of the short-lived “good faith” defense to inducement infringement in Commil USA LLC v. Cisco Systems Inc. Los Angeles Daily Journal (May 27, 2015). More…
(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…
On February 27, 2015, The American Lawyer asked Ben Davidson to explain a trademark dispute between the legal blog “Above The Law” and CNN, which aired a legal segment using the same name (“Even though the blog has a sophisticated and specific consumer base, ‘not every consumer has to be confused for there to be…
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…
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.”).
Davidson Law Group wins motion to strike infringement contentions for Defendant Crakmedia in Essociate patent litigation. More…
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.”
(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…
