November, 2012: A federal patent case has a federal judge making interesting decisions that could impact California’s tech sector.
In a 23-page order, U.S. District Judge Lucy Koh seems to be restricting the issuance of injunctions in patent cases. The order follows a reported October decision from the U.S. Court of Appeals for the Federal Circuit reversing her judgment in a related patent fight between Apple Inc. and Samsung Electronics Co.
You can find other coverage, but don’t miss the insight at Law.com, where they cite an expert predicting a path to real changes.
Says Law.com: If the rulings stand they could “radically change the calculus of patent suits,” said Mark Lemley, director of Stanford Law School’s Program in Law, Science, and Technology. Lemley said courts have already clamped down significantly on injunctions requested by non-practicing entities. Koh’s order raises the bar for major consumer companies like Apple to block the sale of competing products, he said.
Check out Law.com and the case here.