Steven Seidenberg

Steven Seidenberg

  • Articles: 87

Innovation And The Law: Some Lessons From The Patent Wars

They’ve been at each other’s throats for three years, and there’s no end in sight. Over two dozen businesses involved with smartphones and tablet computers are suing one another for patent infringement in numerous lawsuits around the world. These patent wars have cost the companies billions of dollars, clogged the courts, and prevented consumers from buying some devices they want with features they prefer. Is this really the best way to promote innovation and competition?

A Bigger, Meaner Patent War

It’s been called a patent war, and it’s raging over much of the globe. In at least ten countries - including the United States, Germany, the Netherlands, Australia and South Korea - Apple is locked in ferocious legal battles against Google, Samsung and HTC over whose smartphones and tablets infringe whose patents.

There’s a lot a stake: Damages could run into billions of dollars. Even worse, the loser could wind up being forbidden to sell its products in various markets.

This costly, high-stakes global patent war may seem unprecedented. But according to many experts, that’s only partly true. In many ways, this patent war is similar to major patent disputes in the past. And it is likely a foretaste of more patent wars in the future.

Viacom v. YouTube: Chipping Away At The DMCA

It was a major legal battle between copyright owners and online businesses. Then, on 5 April, online businesses won. Mostly. The US appellate court ruling in Viacom International, Inc. v. YouTube, Inc. basically upheld the legal protection that a key US statute grants to online firms. However, the ruling also opened several holes in that protection.

US Supreme Court Edges Toward Reviewing Extent Of GMO Patents

It’s unclear if the US Supreme Court wants to address yet another controversial issue in patent law, but on 2 April, the court took a small step in that direction. That’s when the court formally asked the US Justice Department to opine on whether the high court should grant certiorari in Bowman v. Monsanto Co.

TiVo Case More Closely Aligns US With Europe On Patent Infringement Contempt Cases

The United States recently changed one important aspect of enforcing patent rights. Patent owners who wish to use contempt proceedings to stop adjudged infringers from committing additional infringements must comply with the new standards laid down in TiVo Inc. v. EchoStar Corp. The decision, which brings US law closer to that of European countries, makes it easier for patentees to bring contempt actions, but may sometimes make it harder to win these actions.

US Court Rulings May End Plague of False Patent Marking Suits

Companies doing business in the United States have, for the past 15 months, found themselves in the cross-hairs. Bayer, Nike, L’Oreal, Sony, Wal-Mart, Novo Nordisk and hundreds of other firms have been sued for making or selling products displaying incorrect or expired patent numbers. And the liability for such false patent marking can be astronomical, with a defendant potentially facing fines of billions or even trillions of dollars.