Litigation Quality Patent PatentCast

Latest Episodes:

LQ PatentCast: Presidio Components, Inc., v. American Technical Ceramics Mar 22, 2018

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Businesses accused of patent infringement have some sophisticated strategies at their command. Conversely, patent owners must have litigation savvy counsel who knows how to think strategically (i.e., chess rather than checkers). In this PatentCast,™ Craige draws business and patent lessons involving an infringed capacitor patent.

LQP Ask The Patent Attorney: Can I even get a patent on my idea? Mar 12, 2018

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On this episode of LQP Ask the Patent Attorney Craige answers this FAQ "Can I even get a patent on my idea?"

LQ PatentCast: Arctic Cat v. Bombardier Mar 05, 2018

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In this episode of the Litigation Quality PatentCast Craige explains how Arctic Cat Successfully enforced and monetized its patent with a patent license to Honda and in litigation against BRP, the maker of an infringing "Sea-Doo" personal watercraft.

This case has 4 great business lessons involving how to

1) Overcome obviousness

2) Mark your products with your patent number

3) Get an on-going royalty and

4) Treble damages from the infringer!

LQ Patent Cast : Travel Sentry Inc v. David A. Tropp Feb 27, 2018

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3 Keys to protect your important business deals

Proper due diligence and contracts can protect a business deal from dragging you, your company into a risky position though protracted patent litigation that scares your customers, shareholders, suppliers, employees, and licensees, not to mention the exorbitant legal expenses and potential money damages. In this PatentCast, Craige explains how a recent expansion of the "Single Actor Rule" exposes more businesses to patent infringement risk and 3 cost-effective steps you should consider to avoid patent litigation- even if you are just licensing a trademark or selling an unpatentable product.

LQP Ask The Patent Attorney: Long Patent Claims are bad, Right? Feb 12, 2018

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Many sophisticated patent clients have learned from other patent attorneys that long claims are bad and short claims are good.

Craige explodes this fallacy with case studies about how a long claim can be ideal or a raw deal, depending on its structure.

Craige exposes the secret ingredient that is essential for every claim, irrespective of its word count.

LQ PatentCast: Ex Parte Stefan Hartman Feb 05, 2018

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Software is patentable when you follow the rules. Craige analyzes how the Patent Trial and Appeal Board (PTAB) invalidated issued software claims because the claim drafter simply framed the claims in a way that was too abstract. This illustrates an avoidable, but all too common, flaw that leads to the demise of many software claims.

IPR PTABCast: General Plastic Industrial Co., Ltd v. Canon Kabushiki Kaisha Jan 29, 2018

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Man Bites Dog! Shocking news! It's not every day the USPTO stands up for owners of patents. This episode of the IPR PTAB Cast describes the hurdles that the PTAB has erected to stop harassment of patent holders so they don't have to suffer unwarranted serial IPR attacks.

LQP Ask The Patent Attorney: What are your rights when you are Patent Pending? Jan 23, 2018

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Craige answers this FAQ and adds a bonus answer to a should ask question (SAQ) for an often-overlooked way to monetize your invention.

IPR PTABCast: IN RE: SMITH INTERNATIONAL, INC., Jan 02, 2018

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Patent owners gain another small victory!

The Patent office's strongest weapon against patent claim is BRI or "Broadest reasonable interpretation", but BRI is "unreasonable" when it is contrary to general claims construction principles. The Federal Circuit finds "body: does not mean whatever the examiner thinks it means under BRI especially when the specification uses that term in a very consistent way. Lesson: it pays to be consistent.

IPR PTAB: Ultratec Vs Captioncall Dec 26, 2017

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A 44 Million Dollar award to a patent owner, Ultratec was wiped away by the Patent Office that invalidated eight patents in an Inter Partes Review (IPR). However, the federal circuit slapped away the IPR because the accused infringer's expert told one story to the jury and a different story to the patent office. The Expert's inconsistent testimony may lead to the patent owner getting back that 44 Million Dollars, and keeping eight patents intact!

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