Intellectual Property
Apr. 19, 2012
James R. Batchelder
See more on James R. BatchelderRopes & Gray LLP Silicon Valley
Batchelder's victory representing Google Inc. and YouTube LLC in a patent infringement case headed off what could have spelled very bad news for websites.
The case was brought against multiple defendants by Eolas Technologies Inc. on two patents that it contended cover all websites containing interactive content.
Following a four-day invalidity trial, an Eastern District of Texas jury returned a verdict that all asserted claims of both patents were invalid. Eolas Technologies Inc. v. Adobe Systems Inc., 6:09-CV-446 (E.D. Texas).
While declining to elaborate about his work on the complex case, Batchelder did offer to weigh in on another development that is likely to impact his practice - the America Invents Act, a patent reform measure that passed last year.
"The America Invents Act made clear that it is improper to join multiple defendants in one lawsuit merely because they are alleged to infringe the same patent," Batchelder said. "The question going forward is - how will courts handle multiple, separate suits in which the same patent in alleged?"
Three things are likely to happen, he said.
"First, the individual patent cases will increasingly be transferred to the home town of the defendant, because that is the center of gravity of the accused activity," Batchelder said. "Second, issues shared by multiple cases, like claim construction and patent invalidity, will be jointly handled by one court via the Multi-District Litigation program." Finally, he added, once those common issues are resolved, the individual cases will be tried in the hometowns of the defendants.
"Under that approach," Batchelder said, "judicial efficiency is achieved by allowing the MDL program to handle common issues, but each trial still takes place in the most convenient forum."
- PAT BRODERICK
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