February 9, 2022
Fitch Even partner Karl R. Fink was quoted in the Bloomberg Law article, “CalTech Case Underscores Billion-Dollar Patent Awards’ Fragility,” which discusses the Federal Circuit’s decision to throw out the California Institute of Technology’s billion-dollar patent award against Apple Inc. and Broadcom Inc.
In the article, Karl comments that “he was surprised the court didn’t spend more time justifying its decision to throw out the award. That section of the opinion, which spanned about three pages, was light on discussion of the evidence and supporting case law.” He notes, “The bottom line is there is almost no justification cited in that ruling, other than they just don’t think that there can be two different royalty rates assessed against the same chip that’s being essentially incorporated into different products.”
Karl is co-chair of Fitch Even’s litigation practice. He has handled hundreds of lawsuits in state and federal courts across the U.S., with positive results as first chair in all stages of litigation, including jury trial, bench trial, and appeal.
The article can be read in its entirety on the Bloomberg Law website.
- Fitch Even Partner Nikki Little Moderates In-House Counsel Life Webinar SeriesMarch 24, 2023 Read more
IP Alert | Federal Circuit Finds Motivation to Combine References Absent Obvious ImprovementMarch 21, 2023
On March 13, in Intel Corp. v. PACT XPP Schweiz AG, the Federal Circuit concluded that the "known techniques" rationale may support a motivation to combine two references so long as the combination is a "suitable option" to address a known problem in the art, even if the combination does not result in an obvious improvement to the proposed system. Read more