"Appellate courts rarely provide this kind of roadmap for arguments not before them." I. Introduction Can a patentee unknowingly create a patent license—and trigger marking obligations under 35 U.S.C. § 287—simply by dismissing an infringement suit with prejudice? That was the ruling by the district court in Ortiz & Associates Consulting, LLC v. Vizio, Inc. , No. 3:23-CV-00791-N (N.D. Tex. Nov. 1, 2023), which was left undisturbed by the Federal Circuit’s affirmance of the di

“The appearance of a trial by peers is maintained. But the outcome is determined by ‘qualified’ experts.” The Jury Speaks in Vain The jury found infringement. After hearing testimony about web design patents, user interface objects, and the inner workings of Shopify’s e-commerce platform, the citizen jurors concluded that Shopify had infringed Express Mobile’s patents. They awarded $40 million in damages. The verdict didn’t survive. Shopify moved for judgment as a matter of l

“Google (and the court) used these letters for precisely what Rule 408 forbids: to prove that EscapeX’s infringement claims lacked merit.” Introduction On its face, EscapeX IP, LLC v. Google LLC reads like a cautionary tale ripped from the patent litigation playbook. A non-practicing entity (“NPE” or pejoratively “patent troll”) you’ve never heard of sues a tech giant over a patent covering “artist-specified dynamic albums,” a function of YouTube.   The NPE ignores the defen