August 2011

Well folks, it seems that the false patent marking statute is constitutional after all. Hollander v. Ranbaxy Laboratories Inc.

Recently, we have been anticipating the demise of Righthaven, the infamous copyright troll (see our many previous blog entries on this subject: WARNING!, No Response, No Comment, Picking Your Battles, A Step Too Far, Strange Bedfellows and

In the ongoing trademark war between Facebook on one side and roughly the rest of the world on the other, one small combatant has achieved, if not victory, then at least an honorable peace. (Lamebook LLC v. Facebook Inc.)

Just when we thought that the long-running daytime legal soap opera, THE BRATZ, had come to an end, along comes one Bernard Belair to, as they say in Hollywood, “rescue the franchise.” Belair v. MGA Entertainment Inc. et al.

Mr. Belair has alleged that the Bratz dolls were improperly based on a series of drawings he had created for a third party. Apparently uncertain as to which of the two toy manufacturers would ultimately prevail in their litigation marathon, he sued both of them. (Mattel is the “et al.” in MGA Entertainment Inc. et al.)

We bring you the latest installment in our continuing coverage of the ongoing Facebook litigation marathon (see our previous blog entries No Laughing Matter, A Question Of Judgment, and Victory For Goliath Predicted). (Facebook, Inc. v. Teachbook.com, LLC)

Apparently hewing to the old adage that the best defense is a good offense, Righthaven is vigorously arguing in support of a motion it has filed seeking leave to amend the complaint in one of the many copyright infringement suits it has pending before the U.S. District Court for the District of Nevada.  Righthaven LLC v. Pahrump Life et al.

Well folks, it seems that another plaintiff-preferred damages model has bit the dust.  First it was the time-honored 25% Rule (see our previous blog The Latest Thing in Damages Models).  Now it’s the even more elderly, albeit less well known, Nash Bargaining Solution.  Oracle America, Inc. v. Google Inc.

Google, of course, needs no introduction.  Oracle America is the renamed Sun Microsystems, Inc. which was acquired by Oracle Corporation in January 2010.

We have written many times about Righthaven, the über troll of the copyright world. In our last blog we noted that the tide had seemingly turned. Rather than merely settling with Righthaven, defendants were arguing that Righthaven lacked standing to sue and were seeking to recover their attorney’s fees and costs.

As any regular reader of our blogs has probably discerned, in patent cases our sympathies, in general, lie with the patentee. Occasionally, however, we encounter a case where the patentee deserves no sympathy, having seemingly done everything possible to bring disaster upon itself. Precision Links Incorporated v. USA Products Group, Inc. and Home Depot U.S.A., Inc.

“There are two alternative categories of infringement compensation: the patentee’s lost profits and the reasonable royalty the patentee would have received through arms-length bargaining.”

As any student of military history can attest, the element of surprise is, to a greater or lesser extent, the key to success in battle. So too with respect to litigation. Therefore, one can only wonder at the motivation of an attorney who chooses to publish his trial strategy for all to see. That being said, it clearly behooves all who may, in the future, cross swords with this attorney to study his writing and pay due heed.

When we consider the likely outcome of a trial, we generally focus on the decision of a jury or an appellate court. Well, sometimes the opinion of the trial judge is all that really matters. Transocean Offshore Deepwater Drilling Inc. v. Maersk Contractors USA, Inc.