Geez, I hope it isn’t something I said. Some of you may remember that a little while back, in a post discussing why I blog predominately on ERISA and insurance issues but only occasionally on intellectual property issues, I mentioned that there were a lot of terrific intellectual property blogs already out there, mentioning in
Intellectual Property Litigation
Insurance and the World at Large
I am asked on occasion about the topics of this blog and their connection to my practice, more particularly how I ended up focusing the blog on its two primary subjects. For years, my litigation practice has focused primarily on three areas: intellectual property, ERISA and insurance coverage, in no particular order. A joke which…
Controlling Costs in Patent Infringement Litigation
By Stephen Rosenberg on
I tried a patent infringement case to a jury last spring, and while I was quite pleased with the outcome, I left the experience very concerned about the tremendous cost of litigating patent infringement cases. Thinking back over the course of the litigation, I was able to identify some central principles for reigning in the…
Where Patent Law Stands Today
By Stephen Rosenberg on
On Friday I feel free to deviate from the usual topics of this blog into the topics covered under the digressions category over on the left hand side of the blog. Today being Friday, that’s what I’m going to do, this time returning to an issue I have discussed before, the Supreme Court’s targeting last…
Is This The End For Patenting ERISA Strategies?
By Stephen Rosenberg on
I have talked before – probably too much – on this blog about patents, patent reform, and the fact that the courts are in the process, as far as I am concerned, of reigning in what some see as abuse in the patent system and in patent infringement litigation against large technology and other companies.…
But I Digress: Robert Plotkin on Patent Applications and Changes at the PTO
By Stephen Rosenberg on
Ever mystified by what goes on inside that black box with the colorful flat screen on top that sits on your desk at work? Me too, and when I am I check in with my colleague Robert Plotkin, a patent prosecutor who specializes in computer patents. Robert is a fine source of expertise on…
Patent Infringement Cases Never Go To Trial, Yet Somehow Cost Billions of Dollars
By Stephen Rosenberg on
Having recently tried a patent infringement case to a jury, I was amused by this article in IP Law & Business pointing out that patent cases are almost never tried and few patent lawyers have actually tried a case to a jury. The key statistic is here, in this line in the article: “there…
The Case for More Patent Infringement Litigation
By Stephen Rosenberg on
Well, not really. More like an argument for a little healthy skepticism when it comes to the subject of patent reform, which as pitched on blogs, in the popular media and elsewhere, really consists of proposals directed at two themes: reducing or at least discouraging the filing of patent infringement lawsuits, and restricting the ability…
At the Crossroads of Trade Dress Infringement, Restaurants and Insurance Coverage
There is a very interesting and entertaining article – if you like law, food, restaurants, intellectual property, or any combination of them – in the New York Times this morning, about a seafood restaurant suing a newer, competing restaurant for, basically, replicating – allegedly, as the two restaurants don’t look all that much alike to…
Patenting Tax and ERISA Strategies
By Stephen Rosenberg on
There’s a hot topic of discussion out there all of a sudden – I think originally triggered by this post a few weeks back by Suzanne Wynn – concerning whether ERISA strategies should be able to be patented. The discussion, thanks to a detailed look at the issue in this week’s issue of the BNA…