Intellectual Ventures Prevails In Capital One Antitrust Suit

Michael E. McCabe, Jr.Antitrust litigation, District Court Litigation, Litigation Ethics, Patent litigation, Patent Litigation EthicsLeave a Comment

On Friday, a Maryland federal judge granted summary judgment in favor of Intellectual Ventures on Capital One’s claims that IV’s acquisition and enforcement of patents relating to banking services violated U.S. antitrust law.  In a 53-page memorandum Opinion, Judge Paul W. Grimm found that IV’s conduct in obtaining and enforcing its patents was immune from antitrust liability based on the … Read More

Appeals Court Rejects Belated Alice Defense, Affirms $8 Million Patent Malpractice Award

Michael E. McCabe, Jr.Malpractice, Patent Malpractice1 Comment

The United States Court of Appeals for the Second Circuit rejected yesterday a now defunct Virginia IP firm’s attempt to rely on 35 U.S.C. § 101 and the Supreme Court’s Alice decision as a defense to an $8 million damages award arising from the firm’s negligence in handling a client’s patent application. Protostorm, LLC v. Antonelli, Terry, Stout & Kraus … Read More