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Articles by Paul D. Ackerman
Letter: Tributes and condolences have been a great comfort
To the editor — My husband and I want to say thank you to our local fire department, and others around our state of Washington, for all of the tributes, words, etc., which have gone out regarding our grandson, John Garner, who was a fireman/paramedic out of Tacoma. We're grateful for the beautiful tributes and notes we have read and those not yet read, and the phone calls we have received at his sudden passing into heaven two weeks ago.
Three Key Things to Know about WDTX Patent Litigation
In the two years since Judge Alan Albright took the bench, the Western District of Texas has risen to one of the busiest courts in the country for patent litigation. With approximately 20% of all new patent cases now being filed in Waco, it is important to understand key procedures and trends that will impact your case in this latest patent litigation hot bed, whether as a plaintiff or a defendant . . . You must be a subscriber to The Texas Lawbook to access this content.
Retailers in Texas Beware – Waco is Open for Business for Patent Cases
Tuesday, October 20, 2020 Nestled midway between Dallas and Austin, Waco, Texas, with a population of around 144,000, is home to the Texas Ranger Hall of Fame and Museum, the Dr. Pepper Museum, Baylor University, and Chip and Joanna Gaines’ Magnolia Market; and it now has one of the busiest courts in the nation for patent infringement cases. Waco is part of the Western District of Texas (WDTX), which covers 92,000 square miles, including San Antonio, Austin, Del Rio, El Paso, Midland, and Pecos.
Retailers in Texas Beware – Waco is Open for Business for Patent Cases | LexBlog
Nestled midway between Dallas and Austin, Waco, Texas, with a population of around 144,000, is home to the Texas Ranger Hall of Fame and Museum, the Dr. Pepper Museum, Baylor University, and Chip and Joanna Gaines’ Magnolia Market; and it now has one of the busiest courts in the nation for patent infringement cases. Waco is part of the Western District of Texas (WDTX), which covers 92,000 square miles, including San Antonio, Austin, Del Rio, El Paso, Midland, and Pecos.
Litigation Risks of Videoconferencing Tools
Seemingly overnight, the business world experienced the widespread adoption of videoconferencing technology such as Zoom, Skype, Webex, Microsoft Teams and Google Meetings to keep employees connected during the COVID-19 pandemic. As with email, text messaging and other electronic communication tools, a byproduct of the use of videoconferencing is the tremendous amount of data now being generated and stored. If not managed properly, this data could become a significant litigation risk.
Proposed Counterfeit Goods Seizure Act of 2019 Would Provide Design Patent Protection at the US Border | LexBlog
Earlier this month, a bipartisan group of senators introduced a bill—the Counterfeit Goods Seizure Act of 2019—to expand the authority of US Customs and Border Protection (CBP) to seize counterfeit goods that infringe intellectual property rights, specifically design patents, at the border. The senators expect the legislation, if passed, to help stem the tide of counterfeits (with a global trade value estimated at over $1 trillion) by preventing their importation into the US.
Universal corruption in Maine — another referendum vote - Lewiston Sun Journal
As part of the unending quest by certain groups to drum Maine into another socialist paradise like Venezuela, Maine voters in November will again be faced with yet another misleadingly worded “referendum.” This one is given the golly-gee-who-could-be-against-that title of “Universal Home Care.” Sounds appealing — “free” home care for the elderly and disabled? Think: “There but for the grace of God go I . . .”, or perhaps more simply put, “Free?
WesternGeco v. ION--Did the Supreme Court Define a New World Order in Patent Damages? | Lexology
It has long been accepted that the extraterritorial reach of US patents was limited. US patents generally protect patent owners against domestic acts of infringement, but generally not those that may take place outside the United States. An exception to this proposition is found in 35 U.S.C. 271(f), under which if a US entity exports specialized components that are then assembled into an infringing device outside the United States, that entity may be liable for infringement.
Discouraging civic engagement in town affairs
Civic engagement must be based on the belief that one’s efforts are useful to the community at large and are not going to be summarily sabotaged by an authoritarian bureaucrat. When residents raise serious questions in a public hearing that the committee (or board) cannot, or will not, answer in a sensible manner then the usual recourse is to consult the town office or town manager for advice as to “what’s next, what can we do now?” That is the foundation of grassroots civic engagement.
Maine gets sold down the river again
How Maine got to this juncture of political chicanery with “Ranked Choice Voting” is pretty clear. Money and lots of it, the vast majority coming from out-of-state left-wing activist groups determined to prevent another conservative governor from being elected. Maine is the cheap date of the progressive left; with plenty of money to pay canvassers for signatures and population centers in southern Maine to flood with feel-good slogans for unaware voters, they love the odds here.
USPTO Updates Examination Guidelines for Patent Eligible Subject Matter
As noted in our recent update “Factual Questions May Preclude Early Resolution of Invalidity Under Section 101,” the Federal Circuit recently recognized that when determining whether a patent claim is directed to patent eligible subject matter, the “question of whether a claim element or combination of elements is well-understood, routine and conventional to a skilled artisan in the relevant field is a question of fact.”1 In both Berkheimer and Aatrix2, the Federal Circuit was exploring this...
They lied, conspired, obstructed justice, got caught, and we’re supposed to ignore it?
Having grown up watching political scandals unfold in D.C., from the resignation of Justice Abe Fortas, to Texas con-man Billy Sol Estes, and eventually Watergate, it is now obvious that these political scandals are truly sophomoric when contrasted with the recent revelations of the illegal and corrupt political practices of the Obama administration. The “most transparent administration ever” was how Barack Obama characterized his administration. They really deserve a prize, at least for audacity.
Reviewing Alice For Patent
Ksenia’s practice focuses on IP litigation and client counseling across a wide variety of modern technologies. She has substantial experience in all aspects of litigation, representing both plaintiffs and defendants in patent cases (including ANDA litigations) before the Federal District Courts, at the International Trade Commission, and in post-grant proceedings (IPRs) at the US Patent and Trademark Office.
Ford Hybrid Auto Patents
The language “[PRIOR ART], which is incorporated herein by this reference” is sufficient to incorporate by reference the prior art material in its entirety. Chenery (Securities & Exchange Commission v. Chenery Corp., 318 U.S. 80 (1943)) requires that administrative agencies provide a reasoned basis for their decisions. In the context of post-grant reviews, Chenery requires the Board’s explanation to “be capable of being reasonably . . . discerned from a relatively concise . . .
One idea on package thefts
To the editor — There has been a lot here lately in the newspaper and online, regarding stolen packages and mail. It used to be that those delivering packages rang your doorbell or knocked on the door, then requested a signature for the delivered package.
Octane Fitness Does Not Provide a Set Formula For Determining Whether to Grant Attorney Fees.
Octane Fitness does not provide a precise framework for a finding that a case is exceptional and warrants an award of fees, only several suggestions that might guide a district court’s discretionary decision. In ruling on a motion for legal fees, the trial judge need not write an opinion that reveals her assessment of every consideration. Attorney Fees: The CAFC held that the lower court did not abuse its discretion by not considering the factors set out in Octane Fitness, LLC v.
Potential Error in Jury Verdict with Respect to Non-Infringement Is Harmless Where Invalidity Is Affirmed
A party cannot argue on appeal that claim terms have “more than one ordinary meaning” if the argument was not raised in the first instance at trial. Potential error by a jury regarding non-infringement is harmless where a finding of invalidity is upheld. After a jury verdict of non-infringement and invalidity, TVIIM appealed the jury verdict as well as N.D. Cal.’s denials of a motion for JMOL and a motion for a new trial. CAFC affirmed.
Graphical User Interface Improvements Without Pre-Electronic Analog Found Patent Eligible
Armin’s practice focuses on patent litigation with an emphasis on electrical, mechanical and telecommunication arts. He has a broad background in litigation matters, including defending clients against invalidity and unenforceability claims, editing and reviewing expert reports, and drafting general pleadings and discovery motions. In addition, Armin’s practice includes patent prosecution in the electrical, mechanical, computer science, and business method related arts.
Samsung v. Apple - Supreme Court Limits Damages in Design Patent Cases
In a closely watched case involving the cell phone "war" between Apple and Samsung, a unanimous Supreme Court reversed a damages award against Samsung of nearly $400 million, and moved the law regarding damages for infringement of design patents into a new area of uncertainty.1 The case involved a successful claim by Apple that Samsung infringed three Apple design patents directed to various ornamental features of a cell phone.2 In a design patent infringement action, besides the traditional...
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