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Douglas Lichtman

Mr. Douglas Lichtman

Professor of Law, UNIVERSITY OF CALIFORNIA, LOS ANGELES

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GLG News by Mr. Douglas Lichtman, Professor of Law

Analyses are solely the work of the authors and have not been edited or endorsed by GLG.

Federal Trade Commision: Patent Reform, Part II

December 28, 2008

Address by Chief Judge Paul Michel to the FTC Commission on Evolving IP Marketplace | www.cafc.uscourts.gov

The Federal Trade Commission attracted significant attention five years ago when it issued a report broadly questioning patent system doctrines and procedures.  Now, the FTC is back, this time gathering empirical evidence and working to put forward more targeted reforms that could find their way into patent reform legislation.

IDCC: Next up, Nokia

December 28, 2008

Form 8-K for InterDigital | biz.yahoo.com

InterDigital has settled its 3G dispute with Samsung, for an amount still largely unknown.  Now all eyes turn to Nokia.

Does TiVo Have a Lock on DVR Technology?

December 28, 2008

Cablevision Plays a New Recorder Tune | www.fool.com

One of TiVo's long-loved charms was that its patented DVR technology seemed to give it a bit of control over the now-crowded and increasingly popular DVR market.  But holes continue to emerge, among them the Dish litigation and the RS-DVR.

TSRA: Now, the Appeal

December 28, 2008

Tessera to Request Full ITC Review of ALJ Initial Determination | biz.yahoo.com

TSRA has now lost the initial round of its much-watched ITC case, but the company clearly wants us to think that the loss is on a discrete methodology question that can likely be reversed on appeal.  The only problem for us?  We can't really judge that claim ... yet.

Did IDCC Win?

November 26, 2008

InterDigital ends patent dispute with Samsung | biz.yahoo.com

The news out today reports that Samsung and IDCC have settled their 3G patent dispute, at least until 2012.  But the settlement does not as of yet give us a clear picture of who actually won.

TiVo Continues on Course

November 25, 2008

TiVo shares fall on court delay in Dish suit | biz.yahoo.com

Another ruling, another delay for TiVo's long-running fight with Dish.

Spansion's Patent Portfolio

November 25, 2008

Spansion sues Samsung over flash memory patents | biz.yahoo.com

Spansion just filed suit against Samsung, putting forthe a variety of patent allegations and asking for a broad order banning products that incorporate Samsung technology.  How should an investor analyze the fight?    

The Real Action at STSI: The Case

November 25, 2008

Star Scientific Files Third Quarter Financial Report | biz.yahoo.com

Star Scientific reports a wide variety of interesting projects and ambitions whenever it speaks to the investment community. And, if any of those fly, so much the better for the company.  The real action here, however, is clear: STSI's patent litigation over its method of curing tobacco.

Patent Law Subject Matter "Decided"

October 31, 2008

In Re Bilski | www.cafc.uscourts.gov

The Federal Circuit today issued one of the most anticipated decisions of the year.  In it, the court adjusted the rules that govern what can, and what cannot, come into the patent system.

TiVo v. Echostar: Still No Injunction

October 31, 2008

TiVo gets $104M from EchoStar over patent infringement | sanjose.bizjournals.com

TiVo has picked up some money from EchoStar based on the old infringement finding, but TiVo is still waiting to hear if it will get the one thing it really wants: an injunction barring EchoStar from continuing to offer its DVR service.

BYI Wins; Appeal Pending

October 31, 2008

U.S. District Court Stays Antitrust Trial | phx.corporate-ir.net

BYI has finally succeeded in its defense against IGT's patents on wheel-based bonus games.  Now, the case is up for appeal, at least if the Federal Circuit decides to hear it.

The Library of Alexandria

October 31, 2008

Google Book Search Settlement | books.google.com

A tentative settlement was reached this week in the Google Book Search litigation, opening the door to great possibilities but also raising new questions about the emerging market for online book distribution.

BRCM's New Complaint Against QCOM

October 31, 2008

Broadcom Files Suit Asserting Qualcomm's Licensing Practices Violate U.S. Law | www.broadcom.com

After falling short in its recent round of cases against Qualcomm. Broadcom has now filed a new complaint, this time alleging that QCOM's licensing practices are impermissible under a patent rule known as exhaustion.  The bad news for BRCM, however, is that exhaustion almost surely does not apply.

Nail the Facts, Miss the Consequences

September 29, 2008

U.S. appeals court favors Broadcom vs Qualcomm | www.reuters.com

The coverage regarding this week's decision in the BRCM/QCOM patent litigation has stressed the surface facts: namely, that two BRCM patents were affirmed on appeal, and only one was rejected.  What the coverage misses, however, is that the patents are far from equal players.   The patent that was rejected was by far the most important patent in the lot.  The ones that remain might matter substantially to Sprint, but probably are of low consequence for QCOM or its business prospects.

BYI v. IGT: Motions in Limine Filed

September 29, 2008

Analyst Sees Buying Opportunity in Bally Tech | biz.yahoo.com

The main patent case between BYI and IGT is now in its final weeks.  The parties this week sharpened the fight a bit more by filing a series of motions that attempt to have certain testimony and evidence excluded from trial.  Meanwhile, all eyes now turn to the decisions on summary judgment, which should issue imminently.

Attempted Copyright Infringement?

September 29, 2008

Capitol Records v. Jammie Thomas | www.eff.org

A few days ago, a District Court in Minnesota reversed course on its own prior holding and decided that, in copyright law, it is not actionable to "offer to distribute" a copyrighted file without permission, but instead only actionable if you actually distribute the file.  The opinion raises a number of interesting questions about how copyright law should and does work, perhaps most notably forcing the copyright community to think through the reasons why the law ever forbids "attempted" as opposed to fully consummated misdeeds.

TiVo's Long Road Home

September 8, 2008

Ruling in TiVo, Echostar Case Could be Delayed | www.reuters.com

The September 4th hearing has now come and gone, and still TiVo commentators seem to think that TiVo is moments away from a final, decisive win.  The reality is considerably more bleak.  TiVo's contempt request is likely to be denied, and TiVo will not gain significant leverage unless and until the court hears the full work-around issue.

Rambus Wins Again

August 29, 2008

U.S. trade commission loses bid for Rambus appeal | www.reuters.com

This week, the Federal Trade Commission was denied a chance to have its case against Rambus reheard by the fuller panel of judges.  That clears the way for Rambus to go back on offense, pushing its patent claims in several cases already significantly underway.

Does Cablevision Matter?

August 29, 2008

Decision: 20th Century Fox v. Cablevision | www.eff.org

The copyright community lost a significant court case this month when, on appeal, Cablevision was able to defend its new RS-DVR service.   The legal issues matter tremendously, in my view; but the puzzle for me is whether the RS-DVR service itself is really all that important.

From eBay, the Law Should Expect More

August 29, 2008

Court Decision: Tiffany v. eBay | www1.nysd.uscourts.gov

Courts around the world are now begining to ask exactly what, if anything, sites like eBay should be required to do to discourage the sale of counterfeit goods.  The main options being considered are either to require eBay and its peers to freeze sales upon receiving a complaint from some legitimate seller, and/or to require eBay and its peers to pay cash damages for the illegal sales they facilitate.  I would add to that list a third approach: require eBay to slow its transactions down.

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