Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435, was a copyright infringement lawsuit in which Apple Computer, Inc. sought to prevent Microsoft and Hewlett-Packard from using visual graphical user interface (GUI) elements that were similar to those in Apple's Lisa and Macintosh operating systems. The court ruled that, "Apple cannot get patent-like protection for the idea of a graphical user interface, or the idea of a desktop metaphor [under copyright law]...". In the midst of the Apple v. Microsoft lawsuit, Xerox also sued Apple alleging that Mac's GUI was heavily based on Xerox's. The district court dismissed Xerox's claims without addressing whether Apple's GUI infringed Xerox's. Apple lost all claims in the Microsoft suit except for the ruling that the trash can icon and folder icons from Hewlett-Packard's NewWave windows application were infringing. The lawsuit was filed in 1988 and lasted four years; the decision was affirmed on appeal in 1994, and Apple's appeal to the U.S. Supreme Court was denied.
The American rule is the default legal rule in the United States controlling assessment of attorneys' fees arising out of litigation. It provides that each party is responsible for paying its own attorney's fees, unless specific authority granted by statute or contract allows the assessment of those fees against the other party.
The United States is considered to have the most favorable legal regime for inventors and patent owners in the world. Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent.
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities, which do not practice their asserted patent, may not be considered "patent trolls", when they license their patented technologies on reasonable terms in advance.
The United States District Court for the Eastern District of Texas is a federal court in the Fifth Circuit.
In the field of law and economics, the English rule is a rule controlling assessment of lawyers' fees arising out of litigation. The English rule provides that the party that loses in court pays the other party's legal costs. The English rule contrasts with the American rule, under which each party is generally responsible for paying its own attorney fees. The English rule can make it easier for a poor person to bring suit, but by the same token it gives everyone more risk of being sued.
eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), is a case in which the Supreme Court of the United States unanimously determined that an injunction should not be automatically issued based on a finding of patent infringement, but also that an injunction should not be denied simply on the basis that the plaintiff does not practice the patented invention. Instead, a federal court must still weigh what the Court described as the four-factor test traditionally used to determine if an injunction should be issued.
Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994), was a United States Supreme Court case that addressed the standards governing awards of attorneys' fees in copyright cases. The Copyright Act of 1976 authorizes, but does not require, the court to award attorneys' fees to "the prevailing party" in a copyright action. In Fogerty, the Court held that such attorneys'-fees awards are discretionary, and that the same standards should be applied in the case of a prevailing plaintiff and a prevailing defendant.
Denise Louise Cote is a senior United States district judge of the United States District Court for the Southern District of New York.
Vringo was a technology company that became involved in the worldwide patent wars. The company won a 2012 intellectual property lawsuit against Google, in which a U.S. District Court ordered Google to pay 1.36 percent of U.S. AdWords sales. Analysts estimated Vringo's judgment against Google to be worth over $1 billion. The Court of Appeals for the Federal Circuit overturned the District Court's ruling on appeal in August 2014 in a split 2-1 decision, which Intellectual Asset Magazine called "the most troubling case of 2014." Vringo appealed to the United States Supreme Court. Vringo also pursued worldwide litigation against ZTE Corporation in twelve countries, including the United Kingdom, Germany, Australia, Malaysia, India, Spain, Netherlands, Romania, China, Malaysia, Brazil and the United States. The high profile nature of the intellectual property suits filed by the firm against large corporations known for anti-patent tendencies has led some commentators to refer to the firm as a patent vulture or patent troll.
A copyright troll is a party that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.
Righthaven LLC was a copyright enforcement company founded in early 2010. Based in Las Vegas, Nevada, it entered agreements from its partner newspapers after finding that their content had been copied to online sites without permission, in order to engage in litigation against the site owners for copyright infringement. The lawsuits were much criticized by commentators, who describe the activity as copyright trolling and the company as a "lawsuit factory". Righthaven LLC's CEO, Steven Gibson, who is currently a partner at Las Vegas law firm Gibson & True LLP, regularly spoke to the media about Righthaven.
Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754 (2011), is a United States Supreme Court case. The case considered whether a party, in order to "actively [induce] infringement of a patent" under 35 U.S.C. § 271(b), must know that the induced act constitutes patent infringement, or whether deliberate indifference to the existence of a patent can be considered a form of actual knowledge. In an 8–1 decision delivered by Justice Samuel Alito, the Court held that induced infringement requires knowledge of patent infringement, but because the petitioners had knowledge of a patent infringement lawsuit involving the respondent and Sunbeam Products over the same invention, the Federal Circuit's judgement that petitioners induced infringement must be affirmed under the doctrine of willful blindness.
Apple Inc. v. Samsung Electronics Co., Ltd. is the general title of a series of lawsuits between Apple Inc. and Samsung Electronics in the United States Court system, regarding the design of smartphones and tablet computers. Between them, the two companies have dominated the manufacturing of smartphones since the early 2010s, and made about 40% of all smartphones sold worldwide as by 2024. In the spring of 2011, Apple began litigating against Samsung in patent infringement suits, with Samsung typically filing countersuits with similar allegations. Apple's multinational litigation over technology patents became known as part of the mobile device "smartphone patent wars": extensive litigation in fierce competition in the global market for consumer mobile communications.
Ultramercial, LLC is an online advertising company. The company primarily specializes in interactive advertisements, which emphasize user engagement in exchange for access to premium content, such as video, games, and public internet access. The company claimed that its system was effective, with a 4.84% average click-through rate in 2008.
The Innovation Act of the 113th Congress is a bill that would change the rules and regulations surrounding patent infringement lawsuits in an attempt to reduce patent lawsuits.
Google has been involved in multiple lawsuits over issues such as privacy, advertising, intellectual property and various Google services such as Google Books and YouTube. The company's legal department expanded from one to nearly 100 lawyers in the first five years of business, and by 2014 had grown to around 400 lawyers. Google's Chief Legal Officer is Senior Vice President of Corporate Development David Drummond.
TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), was a United States Supreme Court case concerning the venue in patent infringement lawsuits.
Oil States Energy Services, LLC v. Greene's Energy Group, LLC, 584 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that the inter partes review process granted by Congress to the United States Patent and Trademark Office for challenging the validity of patents, rather than a jury trial, is constitutional and did not violate either Article III of the Constitution nor the Seventh Amendment.
Open source license litigation involves lawsuits surrounding open-source licensed software. Many of the legal rights of open source software licensors enforceable against users violating licensing agreements are untested by the U.S. legal system. Free and open source software (FOSS) is distributed under a variety of free-software licenses, which are unique among other software licenses. Legal action against open source licenses involves questions about their validity and enforceability.
