A lot of law firms have spoken out against so-called patent trolls, those much-maligned nonpracticing entities (NPEs). Orrick, Herrington & Sutcliffe doesn’t just talk the talk. On behalf of client EMC Corp., the firm led efforts to stop the tactics that many NPEs use to induce settlements.
After an NPE called Oasis Research Corp. accused EMC and 17 other companies of patent infringement, Orrick used the case as a vehicle to address some of the procedural aspects of patent litigation that handicap defendants. In particular, Orrick appellate star Mark Davies argued that plaintiffs shouldn’t be allowed to name unrelated defendants in a single complaint, forcing them to coordinate their defenses and schedules. The U.S. Court of Appeals for the Federal Circuit largely agreed with Orrick’s arguments in an oft-cited May 2012 decision that allowed EMC to sever the claims against it.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]