Category: Patent Enforcement


International Trade Commission: Mitsubishi Doesn’t Infringe GE Turbine Patent – Florida Patent Lawyer Blog

Written by Mark Terry  This Friday, the U.S. International Trade Commission (ITC) issued a notice stating that Mitsubishi does not infringe GE’s wind turbine patent, thereby ending a long-running legal dispute between the two companies at the ITC. The patent infringement dispute dates back to early 2008 when GE claimed that Mitsubishi infringed upon GE’s wind turbine patents in a complaint filed with the ITC, in an effort to block the importation of Mitsubishi’s wind turbine products into the U.S. The effort, however, backfired and exposed the weaknesses of using the ITC as a forum for a patent infringement dispute.

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The Most Effective Way of Reversing a 103 Obviousness Type Rejection – Florida Patent Lawyer Blog

Written by Mark Terry  Yesterday’s Board of Patent Appeals and Interferences (BPAI) decision in Ex Parte Peng highlighted the most effective way of reversing a Patent Examiner’s 103 obviousness type rejection – contesting the presence of one of the claim elements in the cited prior art. I, a Patent Lawyer practicing in the City of Miami, am always interested in reading about how other attorneys have gotten rejections reversed at the BPAI. The Ex Parte Peng case involved a method claim performed by a GPS receiver. The claim element at issue involved the storage of certain data in sample RAM, followed by a reallocation of

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Kodak and Samsung Settle Patent Infringement Dispute – Florida Patent Lawyer Blog

Written by Mark Terry  On Monday, Kodak and Samsung settled a long-running patent infringement dispute spanning several years and multiple continents. The settlement includes a patent license agreement wherein each side gains a patent license for the other’s patents. The license agreement, which provides appreciable benefits to both parties, is royalty bearing to Kodak. Additional financial details were not disclosed. As a Florida patent lawyer that frequently deals with patent infringement disputes, this case illustrates various important aspects surrounding patent litigation. This case illustrates how a legal dispute can easily escalate into a world-wide battle requiring enormous resources. This disagreement

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Patent Infringement Update: Federal Circuit Bans Sale of Microsoft Word – Florida Patent Lawyer Blog

Written by Mark Terry  What options are available to a patent holder seeking to enforce his patent? When suing a company that infringes your patent, what can you hope to achieve? Can you really stop an infringer from infringing your patent? As a Florida patent attorney, I get these questions a lot. And just recently, the Court of Appeals for the Federal Circuit weighed in on these issues. Last week, the Federal Circuit affirmed a lower court decision to permanently enjoin Microsoft from selling its flagship Microsoft Word product. The permanent injunction, effective January 11, 2010, prohibits Microsoft from selling,

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Datacard Corporation Patent Survives Reexamination – Florida Patent Lawyer Blog

Written by Mark Terry    Last week, the Board of Patent Appeals and Interferences (BPAI) of the U.S. Patent and Trademark Office reversed a Patent Examiner’s 35 U.S.C. 103(a) obviousness rejection of Datacard Corporation’s key industry patent. As a practicing Miami Patent Lawyer who encounters 35 U.S.C. 103(a) obviousness rejections frequently, this case is interesting as it illustrates a significant practice pointer. The decision of the BPAI involved a vital Datacard Corp. patent that had been asserted defensively in multiple patent infringement lawsuits against rival Card Tech. Corp. In order to call the patent into question, Card Tech. Corp. instituted

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When Can a Patent-Related Letter Spawn a Declaratory Judgment Action? – Florida Patent Lawyer Blog

Written by Mark Terry    As a Miami Patent Lawyer specializing in intellectual property issues, I frequently host clients who tell me their patent is being infringed upon. What kinds of letters can I send out to infringers without worrying about a declaratory judgment action in their forum? The Federal Circuit chimed in on this issue this past December and it has (at least somewhat) changed the rules of the game. The Federal Circuit case of Hewlett-Packard Co. v. Acceleron, LLC involved a letter that patent-holder Acceleron sent to an alleged infringer, Hewlett-Packard. The letter didn’t say much. In short, the letter brought an Acceleron patent

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