Forum Shopping in Patent Cases
By David Kline Many defendants in patent infringement cases argue that case law (such as VE Holding in 1990) allowing patent lawsuits to be filed in any district in which the defendant has sales have only encouraged abusive patent litigation. They say this practice,...
Do Infringers Pay for the Whole Product or the Infringing Component?
By Richard Stockton, Kevin Keenan, and Brad Van Pelt In 2011, Apple sued Samsung for, among other things, infringement of three U.S. patents — two claiming designs for parts of a smartphone, and one for a graphical user interface of a smartphone display screen. A jury...
The Slants Case and the Trademark Protection Debate
By David Kline A January 2017 release from Simon Tam’s dance rock group The Slants is called “The Band Who Must Not Be Named” — and for good reason. Despite making music for more than a decade, the world’s first all Asian-American dance rock band had...
Luke Dauchot and Marshall Phelps Talk Trade Secrets, Smartphone Patents, and IP at IBM!
Check out the latest video clips from ‘The Entrepreneurs Guide to IP’ featuring USC Adjunct Professor of Entrepreneurship Luke Dauchot (Kirkland & Ellis) and guest lecturer Marshall Phelps (IBM, Microsoft) discussing trade secrets, smartphone patents,...