The Ongoing Royalty in Patent Infringement Cases


Judge Davis recently ruled on ongoing royalties in patent infringement in VirnetX Inc., et al. v. Apple Inc. , Case No. 6:13-CV-211.  After a jury found infringement and awarded $368 million in past damages, Judge Davis denied VirnetX’s motion for injunctive relief  (a decision that is currently being appealed).  Judge Davis then decided that VirnetX was entitled to ongoing damages in the form of a 0.98% royalty.  The royalty included 0.65% in damages and 0.33% in enhanced damages. Judge Davis’s...
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Google v. Hollywood


Google and Sons of Anarchy creator Kurt Sutter are publicly sparring over copyright issues. In one corner, Google’s attorney published an article arguing against “copyright lobbyists” and the use of voluntary agreements to protect copyrighted works.  Google argues that the voluntary agreements won’t work because they threaten free expression and online innovation and because the voluntary process does not have checks and balances.  According to Google, the copyright lobbyists are “like exes...
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Supreme Court Unlikely to Clarify the Law for Computer-Based Software Patents


The U.S. Supreme Court heard oral arguments on Monday in Alice Corp. Pty. Ltd. v. CLS Bank Int’l regarding the patent eligibility of Alice Corp.’s patents.  The patents relate to a computer system that facilitates financial transactions.  The case has been closely followed and has divided the country's largest corporations, with companies like IBM, Microsoft, Hewlett-Packard, Verizon and Dell filing amicus briefs warning that new restrictions could render worthless thousands of existing patents and the billions...
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Eastern District of Texas launches expedited Track B Option for Patent Suits


On February 25, Chief Judge Davis of the Eastern District of Texas unveiled an alternative case management track available for patent suits filed in the District.  This option, dubbed Track B, is intended to complement the default procedures of the traditional case-management scheme (now known as Track A) by providing litigants with the choice for a faster, less expensive route for resolving patent cases.  Track B may be invoked sua sponte by the court or by joint agreement of the parties.  Otherwise, Track A will...
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Google Forced to Pay $85M for Push Notification Use


An Eastern District of Texas jury recently ordered Google to pay $85M to Texas-based, inventor-owned tech licensing company SimpleAir for infringing its patent.  The award follows a separate jury’s unanimous determination in January that Google infringed all five asserted claims of the patent, which details a system and method for data communication connecting online network computers in real-time.  The alleged infringing services—Google’s Cloud Messaging and Cloud-to-Device Messaging—are used to...
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TTAB Update: Oral Hearing for Denial of PRINCESS KATE Application


Applicant Nieves & Nieves LLC has applied to register the mark PRINCESS KATE in connection with various body, skin care and cosmetic products in Class 3; jewelry products in Class 14;  handbags and similar products in Class 18; bedding in Class 24; and clothing items in Class 25.  Not surprisingly, the application was refused, based on the false suggestion of a connection under Section 2(a) of the Lanham Act and also because the mark consists of a name of a living individual whose consent is not of record under Section...
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9th Circuit Grants Actor Copyright Claim in Video for 5 Seconds of Acting


On March 12, 2014, the Ninth Circuit Court of Appeals handed down a decision that has many in the copyright law community scratching their heads.  The Court has ordered Google, Inc.’s YouTube to take down a video based on an actor’s claim to a copyright in that video.  The actor, it should be noted, appears for approximately five seconds in the thirteen-minute film.   The actor, Cindy Lee Garcia, believed she would be appearing in a short-film about the life of a typical Egyptian 2,000 years ago, entitled...
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