On The Radar: July 2008

Posted on | August 12, 2008 | 1 Comment

Like any good journalist, I want to cover the big story–unexpected events, the triumph of an underdog, a fantastic finish.  But lately I’m getting less action than the movie critic for a community newspaper. 

July’s On The Radar has few plot twists and a predictable finish.  The Eastern District of Texas steals the show, the Central and Northern Districts of California give strong performances, and the rest of the top 10 has all-too-familiar casting. 

But maybe that’s the story.  Since starting On The Radar in May, the number of patents cases filed each month has been fairly stable.  In an economic downturn that has seen even counter-cyclical practice areas slow considerably, the fact that folks still see significant value in protecting patent portfolios is a great sign–for all of us.

Innovation is the engine driving business.  And with a little luck and lots of hard work, innovation will (again) meet with easing credit markets, increased production, and the next big rally.  You don’t read that too often these days. 

Perhaps On The Radar really is the feel-good hit of the summer.

July 2008

Total patent cases filed:  241 
Total districts receiving new patent filings:  50 

The Leaderboard

(Click the table for a larger view.)

Source:  Pacer’s U.S. Party/Case Index and calculations less taxing than Sudoku. 

Numbers Game

• July lagged behind June by 14 cases. 
• For the second straight month, seven districts receiving patent complaints had double-digit filings and those districts accounted for more than half of all patent cases filed in July (123). 
• The new member of the double-digit club in July was the Eastern District of Pennsylvania (largely due to one patent owner); the Northern District of Illinois lost its membership privileges with only 9 cases in July. 
• Gainers: Eastern District of Pennsylvania (+11 over June), Northern District of California (+7 over June), and District of Massachusetts (+5 over June).  The Eastern District of Texas retained the top spot despite having 7 fewer cases filed in July   

Notables

Patent MDL Lands In Pennsylvania: ED/PA 08-CV-3047/MDL No. 1948

VTran Media Technologies holds two patents relating to video-on-demand products and services.  You can guess the rest.  After naming 22 defendants (including Time Warner, Comcast, RCN, and WideOpenWest) in nine different judicial districts, defendants moved for consolidated proceedings.  And the Eastern District of Pennsylvania is the winner.  This not only vaulted that District’s rankings in the coveted On The Radar Top 10, but should make for some interesting litigation–if for no other reason than the vintage of the patents.  VTran’s patents–Patent Nos. 4,890,320 and 4,995,078–are set to expire in 2008 and 2009. Judge Bruce W. Kaufmann will be presiding over the MDL. 

According to the MDL Transfer Order, there may be a few more joining the party.  See the Washington State Patent Law Blog (Mark Walters) for coverage of a potential tag-along case that was not subject to the Transfer Order.   

Navy Technology Docks In California Courtroom:  CD/CA 08-CV-776

Network Signatures has an exclusive license to the Naval Research Lab’s cryptographic signature patent.  Anyone paying attention for the last ten years knows that computer/electronic signature security methods are crucial to online banks, brokers, and other fiduciaries.  And Network Signatures is certainly paying attention.  It sued five different banks in the Central District of California for infringement in July.  These suits follow on the heels of several actions filed in December 2007–all of which appear settled.  While I can’t predict the outcome, I’m betting Network Signatures mentions the Navy a few more times in its briefs and arguments. 

Croc’s Sore Over Competing Comfort Shoes:  D/CO 08-CV-1450

This suit will likely have a significant impact the piles of shoes my kids leave in the house.  Croc’s–the Boulder shoe maker known for its comfortable shoes–has sued Skechers for infringement of several design patents, trade dress infringement, and assorted unfair competition claims.  For those of you (like me) who use pictures and other media in pleadings and briefs, I recommend reading the Complaint.  It’s loaded with comparison pictures (e.g., see this photo from the Complaint).   

Weber Files Preseason Infringement Suit Over Portable Grill:  ND/IL 08-CV-4211

Can you feel it?  Fall is coming.  When the air gets cool, two things are a near certainty here in the Midwest–football and tailgate parties.  And any self-respecting tailgate chef usually has an assortment of portable grills to serve the masses before and after the game.  Top grill maker, Weber-Stephen Products Co., has sued Picnic Time, Inc. over just such a device.  I’m fairly certain at least one football season will have passed before PATracer.com has the chance to report on this lawsuit. 

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