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Patent Troll Tracker & Cisco’s New Blog Policy

patentlyo.com/patent/2008/03/patent-troll-tr.html

Cisco Systems found itself in the midst of a potential reputation firestorm when the popular anonymous blogger known as the Patent Troll Tracker (PTT) revealed himself as a Cisco IP Director Rick Frenkel.  The PTT blog focused on patent enforcement companies — so called patent trolls — that have sued major technology companies such as Cisco, Microsoft, Sprint, and others.  Frenkel and Cisco have been accused of defaming two Texas plaintiffs attorneys and have also been accused of a stealth anti-patent lobbying campaign.

Cisco on the Wrong Side of Xenophobia and Anti-Religious Jury Tactics

patentlyo.com/patent/2013/11/cisco-on-the-wrong-side-of-xenophobia-and-anti-religious-jury-tactics.html

In general, the notion is that it is cognitively easier for people to negatively judge the actions of someone considered an "other." The recent case of Commil v. … Update – After thinking reading through this post, it is probably too harsh against Cisco.

Commil v. Cisco: Issues of validity “may” negate intent for inducement

patentlyo.com/patent/2013/06/commil-v-cisco-issues-of-validity-may-negate-intent-for-inducement.html

Commil USA, LLC v. … By Jason Rantanen (note that you can now follow me on Twitter @PatentlyO_Jason).  For the sake of disclosure: while I was in practice I represented Cisco in an unrelated patent infringement litigation involving wireless technology.

Cisco Argues that the Inducement Mens Rea Should Focus on Knowledge of Wrongdoing Rather than Merely Infringement

patentlyo.com/patent/2015/02/inducement-wrongdoing-infringement.html

In the pending appeal of Commil v. … Cisco, the Supreme Court is further honing-in on the knowledge aspect of induced infringement.

Commil v. Cisco: Opening Briefs on Escaping Inducement Liability

patentlyo.com/patent/2015/02/opening-escaping-inducement.html

In Commil v. … Cisco, the Supreme Court is focused on inducement and the question of whether "a defendant's belief that a patent is invalid is a defense to induced infringement" even when the patent is ultimately found valid and the belief proved unfounded.

Troll Tracker, Defamation, and Splitting the Bar

patentlyo.com/patent/2008/03/troll-tracker-d.html

and Eric Albritton.  Frenkel recently revealed himself as an IP Director at Cisco Systems.

Supreme Court: A Good-Faith-But-Incorrect-Belief that the Patent is Invalid

patentlyo.com/patent/2014/10/supreme-incorrect-invalid.html

In Commil v. … Commil's petition included a second question and Cisco also submitted its own question - both of these involved the necessity and propriety of ordering a new trial.

Supreme Court Patent Update: 271(e) Safe Harbor

patentlyo.com/patent/2016/06/supreme-update-harbor.html

COMMIL v. … Versus Cisco: There are a couple of newly filed petitions.

CBT Flint v. Return Path: Applying 28 U.S.C. 1920(4) to E-Discovery Costs

patentlyo.com/patent/2013/12/cbt-flint-v-return-path-applying-28-usc-19204-to-e-discovery-costs.html

CBT sued Cisco Ironport Systems and Return Path (who I'll refer to collectively as Cisco, since most of the costs incurred here were sought by Cicso) for patent infringement.  Following claim construction, CBT stipulated to noninfringement and Cisco obtained summary judgment of indefiniteness on one asserted claim.  Cisco moved to recover its costs under 28 U.S.C.

Commil v. Cisco: Cert Granted as to Invalidity and Inducement Issues

patentlyo.com/patent/2014/12/commil-granted-invalidityinducement.html

Today, the Supreme Court granted certiorari on one of the questions presented in Commil v. … Cisco.  (The order).

Oral Arguments in Commil v. Cisco

patentlyo.com/patent/2015/03/arguments-commil-cisco.html

Today, the Supreme Court heard oral arguments in the pending patent dispute Commil v. … Cisco, Case No.

Greg Aharonian Discussed the WSJ’s “Idiotic Article on Patent Tr-lls”

patentlyo.com/patent/2008/08/greg-aharonian.html

Speaking of which, the article quotes head abuse-patent-reform leader Mark Chandler of Cisco (who I would be glad to debate this issue with, while I am totally drunk, and still win): Mark Chandler, general counsel of Cisco Systems, says companies that don't produce anything can buy low-cost patents, hire contigency fee lawyers and file lawsuits seeking massive damages for patents that contribute negligible value to a product.

Unwired Planet v. Apple: Fault and Patent Infringement

patentlyo.com/patent/2016/07/unwired-patent-infringement.html

SEB, and reaffirmed in Commil v. … Cisco, the Supreme Court held that inducement requires knowledge or willful blindness to the fact that the relevant acts constitute infringement of a patent.  563 U.S.

Patent Troll Tracker, Trade Secrets, and other Bits, No. 16

patentlyo.com/patent/2008/02/patent-troll-tr-2.html

Troll Tracker Revealed: After learning that Ray Niro paid $10,000+ for information leading to his actual identity, the Patent Troll Tracker has revealed his identity — Cisco IP Director Rick Frenkel [LINK] Trade Secret: Although perhaps a novel theory, I would argue that an anonymous blogger's identity is a protectable trade secret.

Inducing Infringement: Procedural Limits on the Reasonable Non-Infringement Belief

patentlyo.com/patent/2016/06/infringement-procedural-reasonable.html

On remand from the Supreme Court vacatur, the Federal Circuit has reaffirmed its prior NuVasive decision and - in the process limited the reach of the Supreme Court's 2015 decision of Commil USA, LLC v. … Cisco Systems, Inc., 135 S.

Supreme Court Orders FedCir to reconsider Medtronic Lawsuit

patentlyo.com/patent/2016/01/supreme-reconsider-medtronic.html

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of Commil USA, LLC v. … Cisco Systems, Inc., 575 U.

Troll Tracker Defamation Lawsuit: Trial Underway

patentlyo.com/patent/2009/09/troll-tracker-defamation-lawsuit-trial-underway.html

Eric Albritton's defamation lawsuit against Rick Frenkel and his former employer Cisco Systems is underway in the Eastern District of Texas.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/06/patently-o-bits-bytes-by-lawrence-higgins-26.html

[Link] Solazyme is searching for a patent agent with 3-5 years of experience and a degree in bio sciences to work at their San Francisco location.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/06/patently-o-bits-bytes-by-lawrence-higgins-6.html

[Link] Solazyme is searching for a patent agent with 3-5 years of experience and a degree in bio sciences to work at their San Francisco location.

KSR Shifts Obviousness Debate to “Mere Aggregations” and Presumptions of Non-Obviousness

patentlyo.com/jobs/2006/11/ksr_shifts_obvi.html

Briefs and Documents: On the Merits In Support of Petitioner Petitioner's Brief on the Merits; Petitioner's Reply Brief on the Merits; Government's Brief in Support of Petitioner; Law and History Professors (Sarnoff) in Support of Petitioner; Law Professor (Strandburg) in Support of Petitioner; Electronic Frontier Foundation in Support of Petitioner; Judge Colianni in Support of Petitioner; Intel and Micron in Support of Petitioner; Progress and Freedom Foundation in Support of Petitioner; Cisco and GM in Support of Reversal (Petitioner); CCIA in Support of Petitioner; Business Software Alliance in Support of Petitioner; Time Warner, IAC, and VIACOM in Support of Petitioner; AARP.

KSR v. Teleflex: In Support of the Status Quo

patentlyo.com/jobs/2006/10/ksr_v_teleflex_-3.html

[Please e-mail briefs in support of respondent to me at dcrouch@gmail.com] Documents: On the Merits In Support of Petitioner Petitioner's Brief on the Merits; [UPDATED WITH CORRECT VERSION] Government's Brief in Support of Petitioner; Law and History Professors (Sarnoff) in Support of Petitioner; Law Professor (Strandburg) in Support of Petitioner; Electronic Frontier Foundation in Support of Petitioner; Judge Colianni in Support of Petitioner; Intel and Micron in Support of Petitioner; Progress and Freedom Foundation in Support of Petitioner; Cisco and GM in Support of Reversal (Petitioner); CCIA in Support of Petitioner; Business Software Alliance in Support of Petitioner; Time Warner, IAC, and VIACOM in Support of Petitioner; AARP.

Petition of the Day: Medtronic v. NuVasive

patentlyo.com/patent/2015/12/petition-medtronic-nuvasive.html

In this pending certiorari petition, Medtronic directly asks for the Supreme Court for a GVR - Grant-Vacate-and-Remand order for the Federal Circuit to reconsider its prior decision in light of Commil USA, LLC v. … Cisco Systems, Inc., 135 S.

New Job Postings on Patently-O Jobs

patentlyo.com/patent/2015/04/postings-patently-jobs.html

Kilpatrick Townsend is looking for a patent engineer to join its San Francisco office.

Patent Jobs 2014

patentlyo.com/patent/2014/11/patent-jobs-2014.html

Patent Engineer - Small Corporation - San Francisco, Calif.

Briefing Microsoft v. i4i: Amicus Briefs Supporting Easier Invalidation of Patents in Court

patentlyo.com/patent/2011/02/microsoft-v-i4idocket-no-10290-supreme-court-2011-briefing-has-begun-in-earnest-microsoft-recently-filed-its-opening-br.html

Cisco, Ebay, Netflix, Toyota, and others argue that the advent of third-party requested reexaminations changes the system in a way that impacts the proper standard used in district court litigation.

Patent Associates / Agents – Law Firm – San Francisco, Calif. or Telecommute

patentlyo.com/jobs/2016/12/associates-francisco-telecommute.html

Vierra Magen Marcus LLP, a nationally recognized and San Francisco based IP law firm, is seeking motivated attorneys/agents to represent the firm’s Fortune 500 and other clients.

Patent Attorney – Small Corporation – San Francisco, Calif.

patentlyo.com/jobs/2008/09/patent-counsel-4.html

LS9, Inc., a San-Francisco-based clean-energy start-up, is seeking a new patent attorney.

Written Description, Disclosed Embodiments, and BRI

patentlyo.com/patent/2017/05/description-disclosed-embodiments.html

The vast majority of written description problems arise when the patentee amends or adds claims with limitations not found in the original claim set and using language that does not directly map to specification disclosure.  In Cisco Systems v.

Case on Obviousness Jurisprudence Gains Support — Microsoft Files Amicus Brief

patentlyo.com/patent/2005/06/case_on_obvious.html

Now, A consortium of five major corporations, including Microsoft, Cisco, and Hallmark have filed as amicus supporting the petition.  Their brief argues that the current structured test for obviousness is too easy a hurdle for patentees and that the formalities of the test undermines courts ability to truly determine whether an invention is obvious to one skilled in the art.

Do No-Opinion Judgments by the Federal Circuit Violate Due Process?

patentlyo.com/patent/2019/08/opinion-judgments-federal.html

Claiming infringement of its patents, petitioner sued Apple and Cisco Systems in the Northern District of California, the defendants’ home district.

Bard v. W.L. Gore: Revisiting Willful Infringement (Again)

patentlyo.com/patent/2015/01/revisiting-willful-infringement.html

Pulse last fall, suggests that the Federal Circuit remains divided on the appropriate legal standard for willful infringement post-Highmark and Octane Fitness.  Panels remain bound by the de novo standard set out in Seagate, but Judges Hughes and O'Malley strongly believe that the court should reconsider that precedent.  It may be only a matter of time before the Federal Circuit either addresses this divide en banc or the Supreme Court grants cert.  It's also possible that the Court will provide some guidance on the issue in Commil v. … Cisco; we'll know later this year.

Halo v. Pulse: Escaping Willfulness with Ex Post Reasoning

patentlyo.com/patent/2015/01/escaping-willfulness-reasoning.html

 The case also has interesting links with Commil v. … Cisco that is now pending before the Supreme Court.

Upcoming Patent Law Conferences

patentlyo.com/patent/2005/11/upcoming_patent.html

February 27–28, Calculating and Proving Patent Damages, San Francisco — LSI.

Solicitor General to Opine on Landmark Obviousness Case

patentlyo.com/patent/2005/10/landmark_obviou.html

A consortium of five major corporations, including Microsoft, Cisco, and Hallmark have filed as amicus supporting the petition.  Their brief argues that the current structured test for obviousness is too easy a hurdle for patentees and that the formalities of the test undermines courts ability to truly determine whether an invention is obvious to one skilled in the art.

Case Questions CAFC’s Obviousness Jurisprudence

patentlyo.com/patent/2005/04/case_questions_.html

A consortium of five major corporations, including Microsoft, Cisco, and Hallmark have filed as amicus supporting the petition.  Their brief argues that the current structured test for obviousness is too easy a hurdle for patentees and that the formalities of the test undermines courts ability to truly determine whether an invention is obvious to one skilled in the art.

Patent Associate/Agent – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2013/06/patent-associateagent-law-firm-san-francisco-calif.html

Offices:Our offices are in the world-class Market Center buildings in the heart of downtown San Francisco, with views of the San Francisco Bay, Transamerica Building and financial district.

Software and Medical Device Prosecution – San Francisco – Fliesler Meyer – Attorney / Agent

patentlyo.com/jobs/2007/07/software-or-med.html

Members of the California Bar preferred.Fliesler Meyer LLP is a San Francisco law firm specializing in Intellectual Property Law, including patents, trademarks, copyrights, litigation, and all other aspects of both the law and business relating to IP.

Albritton v. Patent Troll Tracker

patentlyo.com/patent/2008/08/albritton-v-pat.html

Thomas Claburn in InformationWeek recently published an article about the defamation cases by Eastern District of Texas attorney Eric Albritton against Rick Frenkel in his role as the Patent Troll Tracker, Cisco, and others.

Patently-O Bits and Bytes No. 22

patentlyo.com/patent/2008/03/patently-o-bi-3-11.html

has also sued Frenkel & Cisco in Federal Court in the Western District of Arkansas (Texarkana).

Patent Agent – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2016/11/patent-agent-firm-francisco-calif.html

This is a full-time, exempt position and is intended to be located in either our Palo Alto or San Francisco Office.… If resident office is San Francisco, may require regular travel to the Palo Alto office.

Patent Associate / Agent – Law Firm – San Francisco, Calif. (or Telecommute)

patentlyo.com/jobs/2015/09/patent-associate-francisco.html

Vierra Magen Marcus LLP, a nationally recognized and San Francisco based IP law firm, is seeking motivated patent attorneys/agents to work as independent contractors, with the possibility of full time employment in the future if interested.

Patent Scientist – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2014/06/patent-scientist-francisco.html

Knobbe, Martens, Olson & Bear, LLP is seeking a Patent Scientist to work in its San Francisco office.

Associate – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2013/09/associate-law-firm-san-francisco-calif.html

The firm provides each attorney with ample supervision, education and review of their work product to ensure development in the fundamentals and subtleties of patent practice. Offices: Our offices are in the world-class Market Center buildings in the heart of downtown San Francisco, with views of the San Francisco Bay, Transamerica Building and financial district.

IP Docket Clerk – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2013/08/ip-docket-clerk-law-firm-san-francisco-calif.html

Morgan Lewis is currently seeking an IP Docket Clerk for the Patent Practice Group who will be resident in our San Francisco office.

Sr. Counsel (Intellectual Property & Litigation) – Large Corporation – Thousand Oaks or San Francisco, Calif.

patentlyo.com/jobs/2012/04/sr-counsel-large-corporation-thousand-oaks-or-san-francisco-calif.html

• Strong management and leadership skills as well as a strong client service focus and the ability to work independently and in teams, efficiently, prioritize workflow, meet demanding deadlines, and manage multi-dimensional projects in a fast-paced environment Contact:Position may be based in either our Thousand Oaks or San Francisco, CA locations.

Patent Docket Clerk – Law Firm – San Francisco, Calif.

patentlyo.com/jobs/2011/05/patent-docket-clerk-law-firm-san-francisco-calif.html

Morgan, Lewis & Bockius LLP, an international law firm, is currently seeking a IP Docket Clerk for its San Francisco office.

Patently-O Bits and Bytes by Juvan Bonni

patentlyo.com/patent/2018/08/patently-o-bits-and-bytes-by-juvan-bonni-7.html

Natalie Gagliordi: Arista to Pay Cisco $400 Million in Patent Settlement (Source: ZD Net)…

Supreme Court Patent Report: End of 2015 Term

patentlyo.com/patent/2016/06/supreme-patent-report.html

Appellate Review: Commil USA, LLC v. … Cisco Systems, Inc., No.

Reasonable Royalty for Industry Standard Patents

patentlyo.com/patent/2016/06/reasonable-industry-standard.html

After a long battle, CISCO stipulated to liability and validity of the patent.

Pending Supreme Court Patent Cases 2016 (January 20 Update)

patentlyo.com/patent/2016/01/pending-supreme-january-update.html

NuVasive – ordering the Federal Circuit to reconsider whether the mens rea evidence presented was sufficient to prove active inducement under Commil.… 15-85 (Commil re-hash – mens rea requirement for inducement)

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/04/patently-o-bits-bytes-by-lawrence-higgins-2-12.html

[Link] The San Francisco Intellectual Property Law Association is hosting its annual seminar in Healdsburg, the center of one of California's best wine regions, from June 1-3.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/04/patently-o-bits-bytes-by-lawrence-higgins-2-2.html

[Link] The San Francisco Intellectual Property Law Association is hosting its annual seminar in Healdsburg, the center of one of California's best wine regions, from June 1-3.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/04/patently-o-bits-bytes-by-lawrence-higgins-1-15.html

[Link] Vierra Magen Marcus & DeNiro is seeking patent associates or agents with 1+ years of patent prosecution experience and degree in EE or CS to work at their San Francisco office.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2012/04/patently-o-bits-bytes-by-lawrence-higgins-1-2.html

[Link] Vierra Magen Marcus & DeNiro is seeking patent associates or agents with 1+ years of patent prosecution experience and degree in EE or CS to work at their San Francisco office.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/06/patently-o-bits-bytes-by-lawrence-higgins-18.html

[Link] Solazyme is seeking an IP attorney with 4-5 years of experience to work at their San Francisco location.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/06/patently-o-bits-bytes-by-lawrence-higgins-52.html

Solazyme is seeking an IP attorney with 4-5 years of experience to work at their San Francisco location.

Patently-O Bits & Bytes by Lawrence Higgins

patentlyo.com/patent/2011/06/patently-o-bits-bytes-by-lawrence-higgins-38.html

[Link] Solazyme is seeking an IP attorney with 4-5 years of experience to work at their San Francisco location.

Patently-O Bits and Bytes

patentlyo.com/patent/2010/02/patently-o-bits-and-bytes-2-15.html

ION Torrent Systems is seeking a patent attorney (at least 2–5 years experience) with semiconductor expertise to work in its San Francisco, California offices.

Patently-O Bits and Bytes

patentlyo.com/patent/2010/02/patently-o-bits-and-bytes-2-6.html

ION Torrent Systems is seeking a patent attorney (at least 2–5 years experience) with semiconductor expertise to work in its San Francisco, California offices.

Patently-O Bits and Bytes No. 32: Patent Law Jobs

patentlyo.com/patent/2008/05/patently-o-bi-1-9.html

IP for Wireless & New Media: The World Research Group (WRG) is hosting its The 2nd Annual Summit on Intellectual Property for Wireless Tech & New Media — June 17–18 in San Francisco.

Upcoming Conferences

patentlyo.com/patent/2005/10/upcoming_confer-3.html

Others: November 14–15, Advanced Patent Prosecution, New York – PLI November 18, Resolving Uncertainty in Biotechnology Patent Law, Boston – Suffolk University (looks to be an excellent discussion on a timely issue) November 28–29, Patent Litigation, Chicago – PLI November 30 – December 2, Fundamentals of Patent Prosecution, San Francisco — PLI (great intro for attorneys with 1–3 year experience) December 5,  16th Annual PTO Day, Washington, DC – IPO…