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Whether or not filing an offensive patent litigation is the right course of action for your business can be a complicated strategic question, involving analysis of seemingly-endless and sometimes-conflicting factors. Often patent owners focused on an answer to the ultimate question of whether to file a suit overlook the many pitfalls that may arise during their pre-filing investigations. Those pitfalls can devalue a potential enforcement opportunity and create unnecessary challenges later during litigation.Continue Reading Pitfalls to Avoid Before Filing an Offensive Patent Litigation Case

The America Invents Act (“AIA) provided an accused infringer sued for patent infringement (“Patent Challenger”) with a new, alternative forum to challenge the patents asserted against them: inter partes review (“IPR”). In exchange—and to avoid duplicative parallel district court and Patent Office proceedings—the AIA provided upon a final written decision, the Patent Challenger would be…

Sixty-seven patent infringement trials reached a jury verdict in 2024. Of these 67 patent infringement verdicts, thirty-one (approximately 46%) were a complete patent owner win on all patent infringement and validity issues. Twenty verdicts (approximately 29%) were a win for the patent challenger, defined as no award of patent infringement damages by the jury. The remaining seventeen jury verdicts (approximately 25%) reflected a mixed result on infringement and/or validity, with the jury awarding the patent owner at least some patent infringement damages.Continue Reading The Year in Review: 2024 Patent Litigation Verdicts

Winstead PC, a leading Texas-based law firm with national practices serving clients across the country, announced that the firm’s client, StreamScale, won a $240 million jury verdict in a major patent case against Cloudera, a California based data-management company.

The jury determined that Cloudera had infringed on three StreamScale patents related to its cloud-based data…