David Rudolph, an experienced IP litigator based in our San Francisco office, joined a panel of other distinguished IP lawyers in a roundtable discussion on Intellectual Property law published in the August 2013 issue of California Lawyer.
The panel reviewed the status of litigation involving non-practicing entities (NPEs), the expanding number of fora in which patent claims are brought including the International Trade Commission, how the America Invents Act of 2011 has impacted patent litigation, recent court decisions on the issue of patent eligibility, and whether FTC v. Actavis (133 S.Ct. 2223 (2013)), which permitted an antitrust challenge to a patent settlement among pharmaceutical companies, will spur more antitrust challenges to patent settlements.
In discussing the Federal Circuit’s recent en banc ruling in CLS Bank Int’l v. Alice Corp., 717 F.3d 1269, Rudolph noted: “The CLS Bank case, even though it was technically non-precedential, gave us a look into the mind of the Federal Circuit. The panel was one vote short of potentially invalidating hundred of thousands of patents — financial services patents, business method patents, software patents — so anybody bringing those claims has to weigh very carefully the risk that you really have no idea what’s going to happen with your case until you see who the panel is … This is a perfect case for the Supreme Court to take up.”
Rudolph has both prosecuted and defended high-profile patent infringement claims in multiple federal district courts and before the International Trade Commission. His extensive litigation experience spans a broad range of technologies including internet services, storage virtualization, semiconductor design, and handheld mobile devices. Rudolph also has experience representing plaintiffs and defendants in copyright infringement and trade secret matters.