This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

EDTX Doors Closing to Patent Plaintiffs?

By Brian Cardile | Mar. 31, 2017

Appellate Practice

Mar. 31, 2017

EDTX Doors Closing to Patent Plaintiffs?

For the first time, Cal. Supreme Court says black market goods have "fair" market value, for purposes of Prop 47 valuation, explains Laura Arnold (Riverside County Dep. Public Defender); Matthew Blackburn (Diamond McCarthy) details a critical SCOTUS fight over patent venue that's attracted more than 30 high-profile amici


This week's show examines two high court cases, one from the California Supreme Court, and one from the country's court of last resort.
Laura Arnold, Riverside County Deputy Public Defender, joins us to discuss the California decision, rendered Monday, in which the state high court furthered defined the contours of Prop 47 by ruling that stolen items that have no legal market - here, purloined credit card information - nonetheless can be valuated by the traditional fair market value principles courts apply in other cases, where pilfered items can potentially be sold above board. That's, of course, important, as offenses falling under Prop 47 that involve less than $950 may not be punished as felonies. That court's decision, a unanimous one, adopts a practice followed by many other states. Ms. Arnold explains why this approach best follows the letter and purpose of the voter initiative passed in 2014.
Then, Matthew Blackburn, a partner with Diamond McCarthy LLC, will chat about a prominent patent case argued before the U.S. Supreme Court Monday. There, though the question presented is a technical one pertaining to how liberally venue rules should be construed, the answer to the question is massively important, judging from the 30+ amicus briefs that flooded the court in the past months. As patent suits are tending to funnel into just a handful of federal district court around the country in recent years, questions of venue have become more critical, and more tenaciously litigated. Mr. Blackburn will explain why SCOTUS should follow what has become Federal Circuit common practice, and construe patent venue rules more liberally than the petitioners here contend is proper.
Don't forget CLE credit is available; find a short true/false test below for one hour of credit.
Have a segment idea? Want to appear on our show? Contact <!-- Weekly Appellate Report Podcast -->


Brian Cardile

Daily Journal Staff Writer

For reprint rights:

Email for prices.
Direct dial: 949-702-5390

If you would like to purchase a copy of your Daily Journal photo, call (213) 229-5558.

Send a letter to the editor: