Entries by David L. Cohen, Esq.

Articles of Interest (Sept 13, 2017)

NPE Dominion Harbor gets in on the Sovereign Immunity through Indian tribe trick too Fraud lawsuit by FORM (f/k/a/ Vringo) against King & Spalding is dismissed Lessons from 5 years of PTAB trials EDTX Judge finds Huawei’s failure to mark method claims bars past damages – potentially unsettling many assumptions about damages EU Position Paper […]

Links of interest (Sept 12, 2017)

I’ll believe the Via hype when companies with track records of high value licenses joins Yet more proof that the low royalty crowd are winning the propaganda war OIN comes to China – a natural progression or evidence of Lenin’s comment about the capitalist and the rope? Asian and Pacific trade pact held up in […]

Today’s posts

South Africa cautiously moves away from a registration system for patents Are patent pools the silver bullet to solve FRAND or do they define innovation down? And what happens when key innovators don’t join? Would have thought?  Study finds firms far better in litigation with lawyer CEOs and have fewer litigations overall to boot Canada: […]

Today’s links of interest

Arista calls Cisco’ IP defence in antitrust case insane Who’s greedier, Apple or Qualcomm? Judge denies Qualcomm’s request to order licensees to pay royalties while dispute is pending European Commission publishes its position principles on IP in Brexit German Constitutional Court ask for Comments on complaint against UPC Agreement Pharma company sells patents to Indian […]

Today’s news of interest

New PTO Director seems to have deep litigation experience – will it help? The UK Position on the CJEU EU says IP rights shouldn’t be undermined by Brexit The Intel case: will it be harder for smaller companies to prove dominance? Inflow to China of IP license fees is claimed to be rising significantly 5 […]

Today’s new posts

Scotland is setting up local UPC court despite doubts on entire project Ninetendo liable $10.1M for infringing a motion sensing accelerometer patent Considering the human elements in IP litigation Specialized intellectual property enforcement China implications Indian companies/ Commission publishes summary of decision to fine Facebook for providing incorrect or misleading information Second largest Taiwanese contract […]

The after-life of PIPCO’s portfolios

It will be interesting to see whether Fortress can succeed where its Public IP Company borrowers failed – and if it does why.   It will also be interesting to see how much money Fortress will be willing to throw at a very challenging target and whether the mere addition of money will make a difference. […]

Are IPR’s unconstitutional?

Interesting article on the state of play in the Oil States Energy case. http://www.newyorklawjournal.com/id=1202797238598/Deep-Dive-Does-the-PTOs-Inter-Partes-Review-Violate-the-Constitution?slreturn=20170806083753 The current tend in administrative law does not bode well for the current system staying unscathed.  It will be interesting to see if the Supreme Court also takes up the related questions of the constitutionality of administrative law judges in other […]

First exclusionary order on an SEP issued by the ITC

The U.S. International Trade Commission apparently has issued an exclusionary order (i.e., a form of injunctive relief) on an SEP.  The written opinion behind the initial determination is still confidential.  It will be interesting to see if it is upheld in the final determination. https://www.natlawreview.com/article/itc-issues-first-exclusion-order-seps-and-upcoming-opinion-expected-to-provide