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Being the best trial lawyer alone does not always win the case. What wins cases is hard work and preparation from the entire team. In each of the trials in which I have been involved, we won in large part because our team was better prepared, had a better strategy and trial theme, and knew the facts on our feet better than the other side.”
Even the streamlined patent-reform bill before the Senate is significantly controversial. Some estimate the reform could create as many as 2 million jobs, but when you look under the covers, there does not appear to be any support for this. And small businesses, corporations, and individual inventors are significantly opposed."
For those interested in patent litigation, commit early and never underestimate how hard you and the rest of the team must work. There are a lot of smart, talented patent trial lawyers.”
In the past, Yar Chaikovsky said, Jurors have made clear during debriefings that they expect to hear from top corporate executives in cases like this, with so much money at stake.
That said, having seen the decreased value of many universities’ endowments, we are seeing and will see more universities enforcing patents. And in a post-eBay world, universities can argue that they are entitled to an injunction.”
The calculation of damages needs reform in patent law. We need some method of damages apportionment similar to what is making its way through Congress. As most of the companies I represent are in the high tech arena, the market capture rule, especially in cases where the plaintiff solely seeks a reasonable royalty, is problematic."
The majority recognized that the Court has spent numerous pages revisiting its own cases and those of the Supreme Court and still “disagree vigorously over what is or is not patentable subject matter.” Instead, the majority urges district courts to avoid the “swamp of verbiage that is § 101 by exercising their inherent power to control the processes of litigation -Yar Chaikovsky McDermott on MySpace v. Graphon Corp
There will be companies, in particular smaller companies, that will be debating about what to do with their money and that will have to file patents with their money in order to protect their ideas against larger entities that will file.
This legislation will end the tsunami of false marking lawsuits, according to many experts. It’s a win for all corporations that make products. It’s a win for the American economy.”
We had all prepared to make sure we were ready to try this case on our own. And the client— seeing that preparation gave them that confidence.
You really need to focus on, are you willing to back it up with litigation, because you cannot monetize through licensing without being willing to incur the risk of litigation,” Mr. Chaikovsky explained. “If you are not willing to put up a fight, everyone else knows that therefore you cannot monetize your patent.”
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