On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more
10/20/2015
/ Abuse of Process ,
Attorney's Fees ,
Bad Faith ,
Certiorari ,
Corporate Counsel ,
Enhanced Penalties ,
Intellectual Property Protection ,
Non-Practicing Entities ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patent Trolls ,
Patents ,
SCOTUS ,
Willful Infringement
Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more
The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more
12/19/2014
/ CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Nautilus Inc. v. Biosig Instruments ,
Non-Practicing Entities ,
Obviousness ,
Octane Fitness v. ICON ,
Patent Litigation ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patents ,
SCOTUS ,
Software
On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more
10/15/2014
/ Claim Construction ,
De Novo Standard of Review ,
Facebook ,
Google ,
Intel ,
Non-Practicing Entities ,
Patent Assertion Entities ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Teva v Sandoz ,
Verizon
Yesterday, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before...more
6/27/2014
/ America Invents Act ,
Covered Business Method Patents ,
Inter Partes Review (IPR) Proceeding ,
Non-Practicing Entities ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pending Legislation ,
Pharmaceutical Industry ,
Post-Grant Review
In This Issue:
- “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us
- USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter
- Functional Claim...more
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
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
In case it was not clear that Congress is serious about combatting the perceived problem of "patent trolls," Sen. Patrick Leahy (Vermont) and Sen. Mike Lee (Utah) published an opinion piece this week on the POLITICO.com...more
As we have previously reported, the patent system is under attack, and has been for quite some time. Generally, these attacks either begin with the assumption that the patent system is "broken," or that conclusion is reached...more
On February 14, 2013, President Obama stated in reference to non-practicing Patent Assertion Entities ("PAEs") (aka "Patent Trolls") "they don't actually produce anything themselves. ...more