INTELLECTUALLY SPEAKING®

Big Tech’s playbook is to outlast you….

“The Federal Circuit took a step towards limiting the use of ‘nuisance value” in mCom IP, LLC v. City National Bank of Florida”

Patent litigation may unfold in courtrooms and conference rooms instead of battlefields, but the lessons of Sun Tzu’s The Art of War remain surprisingly relevant. His insights on strategy, preparation, and psychology map perfectly onto the high-stakes world of intellectual property disputes......

Patent enforcement is a specialized field that operates by rules most inventors never learn until they have already broken them. By the time a small inventor discovers infringement and decides to act, the most consequential decisions about the case have often already been made, usually by acciden...

“The Federal Circuit’s Opinion in mCom IP, LLC v. City Nat’l Bank of Fla. Provides useful guidance on § 285.”

The United States patent system is at an inflection point. For over a decade, patent eligibility doctrine under 35 U.S.C. §101 has drifted into uncertainty, producing inconsistent judicial outcomes and eroding the reliability of patent rights in critical areas of innovation. The Patent Eligibilit...

“Ortiz v. Vizio does not alter Wine Railway’s core holding that a non-practicing entity does not need to patent mark.”

“The proposed amendments to disclosures would severely burden patent plaintiffs and provide a playbook for deep pocket Big Tech in patent infringement litigation.”

Courts should stop using the term “nuisance value” in patent cases.  If courts are serious about preserving petitioning rights, encouraging settlement, and keeping § 285 tethered to law rather than intuition, they should retire the term “nuisance value” entirely. The only coherent line is the sham‑litigation line....