Joshua R. Stein

Joshua R. Stein, Associate

NY Patent Decisions Blog

Visit the Full Blog

NYPatentDecisionsBlog.com is a source for the latest patent decisions from the U.S. District Courts for the Southern and Eastern Districts of New York. The blog is authored by Patterson Belknap’s Patent Litigation practice group, whose members are highly experienced trial attorneys with extensive technical knowledge. Many have advanced scientific degrees and industry experience in fields such as communications, electrical and electro-optical technology, semiconductor technology, metallurgical engineering, chemistry and biochemistry. The team represents consumer products, electrical and software, medical device, mechanical, and pharmaceutical companies in a broad range of patent litigation matters, including district court cases, PTO and PTAB trial proceedings, patent licensing and contractual disputes concerning patent rights.

As Trial Concludes, Judge Hellerstein Issues, then Reconsiders, Patent Marking Ruling

by Joshua R. Stein and Lewis V. Popovski on February 6, 2020

As trial in Kaufman v. Microsoft Corporation wound down yesterday, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) granted Defendant Microsoft Corporation (“Microsoft”)’s motion to limit damages to those after the filing of the complaint under 35 U.S.C. § 287(a) because Plaintiff failed to mark a website offering to sell his patented product with the patent number of the patent-in-suit.  However, later that day, the Court granted Plaintiff’s motion for reconsideration, and permitted Plaintiff to seek pre-suit damages.

Go

Judge Hellerstein Holds Post-Suit Knowledge of Patent Inadequate to Survive Summary Judgment of No Willful Infringement

by Joshua R. Stein and Lewis V. Popovski on February 3, 2020

On January 22, 2020, United States District Court Judge Alvin K. Hellerstein (S.D.N.Y.) denied Defendant Microsoft Corporation (“Microsoft”)’s motion for summary judgment as to non-infringement, but granted Microsoft’s motion as to willful infringement, holding that willfulness should not go to the jury without record evidence of pre-suit knowledge of the patent-in-suit.

Go