Recent IP Reports
This Month's Issue
NTP, Inc. v. Research in Motion, Inc.
Medtronic Settles Medical Device Patent Suit With Doctor For $1.35 Billion
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News
Baker Botts IP Ranks Highly Again According To Chambers USA
In Chambers USA annual ranking of law firms nationwide Baker Botts once again ranked very highly in a number of areas including Intellectual Property law and Technology. The rankings were compiled on a state-by-state basis according to recommendations and interviews with the in-house legal departments of numerous companies. In both Texas and New York, Baker Botts ranked extremely high with respect to our intellectual property practices. Additionally, in Texas the firm was the only one rated with a 1, the highest ranking, in the category of Technology. The firm had 9 rated attorneys in Intellectual Property including two associates listed as up-and-comers. In the Technology category, the firm had three rated attorneys. For a complete list of Baker Botts rankings click here.
Baker Botts Secures Favorable Outcome In Northern District Of California Patent Litigation Matter
No Liability Found Against
Firm Client FindWhat.com Following 12 Day Jury Trial
Following a 12 day trial, the jury in Overture Services v. FindWhat.com
SACV 03-685 CJC (EX) unanimously concluded that 7 claims of
U.S. Patent No. 6,269,361, which relates to pay-for-performance search
engine advertising on the Internet, are invalid.
A mistrial was declared by the Court when the jury was unable to reach
a unanimous verdict concerning the validity of the remaining 11 patent
claims asserted against Baker Botts' client FindWhat.com. The jury's decisions
with respect to invalidity effectively rendered moot a finding that FindWhat.com
would have infringed the asserted claims, if valid, and no liability resulted.
FindWhat.com has also asserted that the ‘361 patent is unenforceable due
to inequitable conduct before the U.S. Patent and Trademark Office. The
evidence on inequitable conduct was presented to the Court during the
trial. A final hearing on the issue of inequitable conduct, which is an
issue for the Judge to decide, is scheduled for June 24, 2005.
Articles
NTP, Inc. v. Research in Motion, Inc.
Brad Bowling
The
BlackBerry wireless e-mail system, supplied by Canadian company Research
In Motion (“RIM”), is one of the most beloved and ubiquitous
electronic utilities used by professionals today. The recent decision
of the United States Court of Appeals for the Federal Circuit (“Federal
Circuit”) in an appeal involving assertions that the BlackBerry
platform infringed several patents of NTP, Inc., is accordingly of considerable
significance because the litigation threatened the very existence of RIM’s
BlackBerry network. In NTP, Inc. v. Research in Motion, Ltd.,
392 F.3d 1336, (Fed. Cir. Dec. 14, 2004), the Federal Circuit affirmed
a district court’s judgment that found that RIM infringed five of
NTP’s U.S. patents under 35 U.S.C. § 271(a), even though some
of the allegedly-infringing portions of RIM’s system were located
in Canada. NTP, 392 F.3d at 1370. The Federal Circuit’s
decision arguably has expanded the territorial reach of United States
patents by finding that a patent may be infringed even when one or more
elements of the patented method or system are located outside of the United
States. Read More...
Medtronic Settles Medical Device Patent Dispute With Doctor For $1.35 Billion
Walter Egbert
The assertion of United States patents drawn to sophisticated medical devices and procedures has grown steadily in recent years, with the frequency and magnitude of large settlements and damages verdicts for the alleged infringement of such patents bespeaking the increased importance of advanced health care technologies. More broadly, the fierce patent disputes that have increasingly erupted regarding medical devices are only a subset of a larger trend toward using patents in cutting-edge, booming markets for high-technology devices and services as a strategic tool for protecting market share and maximizing the revenues that patentees can obtain for use of their patented technologies by raising the stakes for accused infringers in “bet-the-company” patent litigation. Read More...
IP Spotlight
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Roger Fulghum |
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Roger Fulghum's practice focuses trade secret and patent litigation
for major clients of the firm. Over the past several years, Mr.
Fulghum has played a critical role in successfully resolving trade
secret actions involving for firm clients involving web site design
and software technologies. Mr. Fulghum has also handled litigation
for firm clients involving trade secret issues arising from employee
migration between competing companies. Mr. Fulghum also handles
patent litigation matters and is currently involved in litigation
involving patents on telecommunications equipment and integrated
circuits. |
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