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Senate Judiciary Committee Tables Patent Reform, Again

The Senate Committee on the Judiciary was set to consider the Patent Transparency and Improvements Act of 2013 (S. 1720) earlier today during an Executive Business Meeting. Instead, the Committee again tabled the bill, this...more

4/4/2014 - Patent Reform Patent Trolls Patents

Stopping Bad Legislation -- The Innovation Alliance Speaks Out

On the day before the Senate Judiciary Committee is scheduled to take up S. 1720 (The Patent Transparency and Improvements Act), the Innovation Alliance delivered a letter to Chairman Leahy and Ranking Member Grassley...more

4/3/2014 - Biotechnology Entrepreneurs Innovation Patent Reform Pharmaceutical

Stopping Bad Patents -- Senator Schumer Takes on the "Patent Trolls"

In what turned out not to be an April Fools' Day joke, Senator Charles Schumer (at right) of New York participated earlier today in a Google+ Hangout sponsored by the Internet Association. According to their website, this...more

4/2/2014 - Patent Reform Patent Trolls Patents

Supreme Court Grants Certiorari in Teva Pharmaceuticals v. Sandoz

Earlier today, the Supreme Court granted certiorari in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case (Supreme Court docket number 13-854). The sole issue on appeal is encapsulated by the question presented...more

4/1/2014 - Patent Litigation Patents Pharmaceutical SCOTUS Teva Pharmaceuticals

Senate Judiciary Committee Takes Up, Then Tables, Patent Reform

Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was considered, then held over for another week. Nevertheless, several members of...more

3/28/2014 - Patent Reform Patent Trolls Patents

IPR Update -- The First Biotech IPR Decisions

Earlier this month, on March 6, 2014, the Patent Trial and Appeal Board ("Board") issued three related inter partes review opinions, marking the first set of opinions related to either the Biotech or Pharmaceutical industry. ...more

3/25/2014 - Biotechnology Inter Partes Review Proceedings Life Sciences Patent Litigation Patents Pharmaceutical

Inter Partes Review -- A Look Back

March 16, 2014, marks the eighteen-month anniversary of the inter partes review ("IPR") system of challenging issued patents at the Patent Office. We thought that this would be an appropriate time to look back at the last...more

3/17/2014 - Inter Partes Review Proceedings Patent Litigation Patent Trial and Appeal Board Patents

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more

3/14/2014 - Copyright Covered Business Method Patents Inventions Lack of Novelty Non-Practicing Entities Patent Trolls Patents

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

3/6/2014 - FTC Patent Infringement Patent Reform Patents Transparency USPTO

Oral Arguments in the Supreme Court Octane Fitness, LLC v. ICON Health & Fitness, Inc. Case

On February 26, 2014, the Supreme Court heard oral arguments in two cases dealing with the attorney fee-shifting provision of 35 U.S.C. § 285. In the first case, Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme...more

2/28/2014 - Attorney's Fees Bad Faith Fee-Shifting Statutes Octane Fitness v. ICON SCOTUS

Supreme Court to Hear Oral Arguments in Attorney Fee Shifting Cases

As we have reported over the past couple of weeks, the Supreme Court will hear arguments in two cases involving the attorney fees provision of 35 U.S.C. § 285 on Wednesday, February 26. That statute provides that a "court in...more

2/26/2014 - Attorney's Fees Corporate Counsel Electronic Frontier Foundation Fee Awards Highmark v. Allcare Octane Fitness v. ICON SCOTUS

Supreme Court to Hear Oral Arguments in Attorney Fee Shifting Cases

As we have reported over the past couple of weeks, the Supreme Court will hear arguments in two cases involving the attorney fees provision of 35 U.S.C. § 285 on Wednesday, February 26. That statute provides that a "court in...more

2/26/2014 - Attorney's Fees Electronic Frontier Foundation Fee Awards Highmark v. Allcare Octane Fitness v. ICON SCOTUS

The White House Releases Update on "Protecting American Inventors and Innovators"

Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more

2/21/2014 - America Invents Act Inventors Patent Reform Patent Trolls Patents

Supreme Court Preview -- Highmark Inc. v. Allcare Health Mgmt. Sys., Inc.

As we indicated last week, the Supreme Court will hear arguments next week in two cases involving the Attorney Fees provision at 35 U.S.C. § 285. That section provides that a district court may award reasonable attorney fees...more

2/20/2014 - Allcare Health Managment Attorney's Fees Healthcare Highmark Highmark v. Allcare Patent Infringement Patent Litigation Patents SCOTUS

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more

2/17/2014 - Asia Copyright Infringement Cross-Border Transactions Music Industry Patent Litigation Patent Trolls USPTO

Supreme Court Preview -- Octane Fitness, LLC v. ICON Health & Fitness, Inc.

In less than two weeks, the Supreme Court will hear arguments in two cases involving the Attorney Fees provision of 35 U.S.C. § 285. Both of these cases have garnered a lot of attention from the patent community, because...more

2/14/2014 - Attorney's Fees Octane Fitness v. ICON Patent Litigation Patent Trolls Patents SCOTUS

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): “Patent Trolls” Beware –...

If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more

2/11/2014 - Abuse of Process Patent Litigation Patent Reform Patent Trolls Patents

Pfizer Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2014)

The standard of review at the Federal Circuit is important. Even though it often appears like cases are re-litigated at the Appeals Court, it is actually very difficult (or at least should be) to overturn a lower court's...more

2/7/2014

Patents and the State of the Union -- A Response

It may come as no surprise, but on Tuesday, January 28, 2014, President Obama highlighted innovation and the patent system during his State of the Union address...more

1/31/2014 - America Invents Act Barack Obama Patent Reform Patent Trolls Patents State of the Union

Medtronic, Inc. v. Mirowski Family Ventures, LCC (2014)

Earlier today, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Supreme Court held that "when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of...more

1/23/2014 - Medtronics Patent Infringement Patent Litigation Patent Ownership Patents SCOTUS

Senate Judiciary Committee Holds Hearing on "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse"

On Tuesday, December 17, 2013, the Senate Committee on the Judiciary took up the issue of abusive patent litigation. In a hearing entitled "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll...more

12/24/2013 - America Invents Act Patent Reform Patent Trolls Patents Proposed Legislation Small Business

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

12/18/2013 - Drug Approvals Generic Drugs Hatch-Waxman Inventions Obviousness Patent Applications Patent-Eligible Subject Matter Patentability Search Patents Pharmaceutical Presumption of Validity Prior Art

Reaction to the Passage of the Innovation Act (H.R. 3309)

As we reported last week, the House of Representatives passed H.R. 3309, the Innovation Act, by on overwhelming margin. A copy of the final bill can be found here. The next step is consideration by the U.S. Senate, where on...more

12/10/2013 - Innovation Act Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents

House Passes H.R. 3309 (Innovation Act) -- Updated

The House of Representatives earlier today passed H.R. 3309, the Innovation Act, by a 325 - 91 vote. Before voting on the bill, the House spent several hours debating and voting on a number of amendments. Other than a...more

12/6/2013 - Innovation Act Patent Litigation Patent Reform Patent Trolls Patents USPTO

"Non-Practicing Lawmakers" -- The Mark-up of H.R. 3309 (Innovation Act)

As we have previously reported, Rep. Goodlatte (R-VA), the Chairman of the House Committee on the Judiciary, introduced the "Innovation Act" (H.R. 3309) to curb abusive patent litigation, and conducted a hearing of his...more

11/29/2013 - Innovation Act Non-Practicing Entities Patent Reform Patent Trolls Patents Proposed Legislation

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