Recent Headlines in the IP World:
- Matthew Bultman: Apple Tormentor Parlays Patent Verdicts Into Brand-Name Clients (Source: Bloomberg Law)
- Atty. Erin S. Hennessy and Atty. Annie Allison: USPTO Extends Trademark And Patent Deadlines Due to Coronavirus Pandemic (Source: The National Law Review)
- Emmarie Huetteman: Senators Who Led Pharma-Friendly Patent Reform also Prime Targets for Pharma Cash (Source: Post Bulletin)
- Michal Kasprowicz: COVID-19: Impact on Canadian Patent Owners (Source: DLA Piper)
- Chris Burt: Apple Patents Biometric Monitoring and Signature Technology, Proposes Face ID Device Orientation (Source: Biometric Update)
Commentary and Journal Articles:
- Prof. Sean B. Seymore: The Research Patent (Source: SSRN)
- Prof. Frank Tietze, Leonidas Aristodemou, Dr. Pratheeba Vimalnath, and Dr. Jenny Molloy: Crisis-Critical Intellectual Property: Findings from the COVID-19 Pandemic (Source: SSRN)
- Prof. Eric E. Johnson and Dr. Theodore C. Bailey: Urgent Legal Lessons From a Very Fast Problem: COVID-19 (Source: SSRN)
New Job Postings on Patently-O:
The Huetteman provides a useful public service in reporting which Congress members receive money from whom. The article does not, however, lead to any important conclusions. The take away appears to be that both republicans and democrats received a lot of money from both branded and generic pharma. It would be better if these contributions were more restricted, but it seems that the money is not actually successful in buying any given public policy outcome—for weal or woe.
The first article here is about the small but growing Texas patent firm of Caldwell Cassady & Curry PC being “a thorn in Apple Inc.’s side” [among others]. It illustrates a point that has been made by other commentators here. Namely, that effective full service patent attorneys, representing small as well as large patent suit defendants and patent owners, have to have to to have a more balanced and realistic view of patent litigation than those who’s practice or experience has been limited to obtaining patent issuance from the PTO.
Lol — and so much MORE of the opposite is true: those who have lost touch with the facets of obtaining patent protection and who ONLY operate in the litigation arena need to reattain a balanced viewpoint.
Especially those regulars here that engage in ‘sniping from the sidelines’ types of advocacy.
A couple of interesting snippets from that article, Paul:
“With new clients signing on, the firm found its footing at a time when the market for patent litigation was shrinking. In 2013, there were more than 6,300 patent cases filed in district court. The volume of cases steadily dropped, falling below 3,600, before stabilizing to some extent in 2019, Bloomberg Law data show.”
“People who work with the attorneys talk about their professionalism and ability to understand complicated technology—Caldwell and Curry both have engineering degrees—as well as their courtroom skills.”
“Jason McManis said one of his takeaways after four years at the firm was how the men approach cases. – “It’s a mentality that comes along with every case,” McManis, who is now an attorney at Ahmad Zavitsanos Anaipakos Alavi & Mensing PC in Houston, said. “It’s an assumption that every case will go to trial and preparing your case as if you will go to trial.”
“Some tech companies and their reps have criticized the business model of certain firm clients. – “VirnetX, you’re a patent troll,” Matt Levy, the former patent counsel at the Computer and Communications Industry Association, wrote in a 2016 blog post. CCIA’s members include Amazon, Samsung and Google. Cellular Communications and Smartflash have been tagged with similar labels in their fights with Apple.”
“The attorneys acknowledge they hear these characterizations of some of their clients. Cassady said he believes companies like to finger point when they “get in a bad spot in a case.” – “If we’re a patent troll, why can’t you beat us?” Curry said. “If you want to talk bad about any of our clients, then what are you doing losing in court?” – The firm makes no apologies for representing the “small guy” in patent cases. And despite its diversifying client roster, the firm’s “David versus the Goliath” ethos hasn’t changed, Caldwell said.”
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