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November, 2008

The Times They Are A'Changing (Again)

For a long time (actually until 1998), “methods of doing business” were legally deemed ineligible for patent protection. Then came the decision of the Court of Appeals for the Federal Circuit (C.A.F.C.) in State Street Bank, which held that “business methods” are patentable subject matter.

It Ain't What It Seems

Recently patentees nationwide celebrated the decision in Broadcom Corp. v. Qualcomm, Inc., which seemed to suggest that a prevailing nonpracticing entity (NPE) could secure a permanent injunction barring the defendant from further infringement of the patent(s)-in-suit. Alas, the celebration is unwarranted. The holding in this case resulted from its rather unique facts. The general rule still remains that an NPE likely will not be awarded a permanent injunction.

Pioneer Awarded $59M in Lawsuit against Samsung

October 29, 2008 - Pioneer Corp. was awarded $59 million following a verdict of willful infringement against South Korea's Samsung SDI Co. Ltd. and Samsung Electronics Co. Ltd., as well as Samsung Electronics America Inc., based on Ridgefield Park, New Jersey.

The verdict was the result of an eight-day trial in the U.S. Court for the Eastern District of Texas in Marshall, TX. The jury ruled in favor of Pioneer on every count, affirming the company's allegations of willful infringement against Samsung.