Jason Schwent

Jason Schwent

Thompson Coburn LLP

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5 ugly truths about patent litigation

Like the namesake for this blog, goats (despite the Internet’s recent affection for them) can be stubborn, less than attractive animals. And along with the horns, beards, and googly eyes, they can pack a mean punch if you...more

3/22/2016 - IP Litigation Litigation Fees & Costs Patent Infringement Patent Litigation Patent Trolls Patents Popular

So you want to protect your software: Tactics, options, and considerations post-Alice

Since its first development, intellectual property law has struggled with how to best protect software. Initially, developers could only choose between copyright or trade secret protection to protect their innovative...more

2/4/2016 - Abstract Ideas CLS Bank v Alice Corp Intellectual Property Protection Patent-Eligible Subject Matter Popular SCOTUS Software Developers Software Patents USPTO Young Lawyers

5 tips for managing your patent assets

Patent protection is one of the most important ways companies can protect their assets. Patents provide an unequaled head start in the marketplace. With patent protection, your business can work out all the growing pains...more

1/15/2016 - Intellectual Property Protection Patents Product Development Protocols Technology

5 tips for cutting patent litigation costs

Ever since the U.S. Supreme Court’s Alice Corp. v. CLS Bank decision, the number of patent litigation cases, which for years leading up to that case had been on the increase, have been on the decline. Projections are that the...more

11/18/2015 - America Invents Act Corporate Counsel Discovery Litigation Fees & Costs Patent Infringement Patent Litigation Popular Young Lawyers

[Webinar] Cloud Computing 101- How It Works, What Are Its Risks and What Are Its Rewards - Oct. 14th, 12:00pm CDT

Are you using the Cloud? Are you thinking about using the Cloud? Are you confused by why you should care about the Cloud or what the Cloud has to offer? Are you concerned there are issues with using the Cloud that you're not...more

10/7/2015 - Cloud Computing Cybersecurity Data Breach Data Protection Popular Webinars

The state of laches: Is delay in patent law different from delay in copyright law?

Copyright and patent law, because of their shared origins in the same Constitutional clause, are inextricably linked. The rationale used in supporting decisions in the copyright context are often not just equally applicable...more

10/2/2015 - Copyright Copyright Infringement Copyright Litigation Damages En Banc Review Laches Limitation Periods Patent Infringement Patent Litigation Patents Petrella v. MGM SCOTUS The Patent Act

The Suddenly Offensive Claim of Patent Invalidity

At the heart of almost every claim of patent infringement is a battle fought over the validity of the patent at issue. Born out of the idea that an invalid patent cannot be infringed, accused infringers have defended...more

9/23/2015 - Abuse of Process Corporate Counsel Covered Business Method Proceedings Hedge Funds Intellectual Property Protection Inter Partes Review Proceedings Non-Practicing Entities Patent Infringement Patent Invalidity Patent Litigation Patent Reform Patent Trolls Patents Pharmaceutical Patents Popular Post-Grant Review Prior Art USPTO Young Lawyers

Has the Supreme Court signaled the end of invalidity opinion letters?

On May 26, 2015, in the case of Commil USA, LLC v. CISCO Systems, Inc., the U.S. Supreme Court answered the question of whether a good-faith belief that a patent is invalid shields a party from committing induced...more

6/25/2015 - Cisco Cisco v CommilUSA Direct Infringement Induced Infringement Infringement Patent Infringement Patent Litigation Patents SCOTUS Wireless Technology

Does the Supreme Court’s latest move further obviate patent reform efforts?

One of the key components of patent reform has been increased disclosure requirements for patent complaints. Patent infringement defendants have long derided the sparsity of information provided by patent infringement...more

5/27/2015 - America Invents Act CLS Bank v Alice Corp Patent Infringement Patent Reform Patents SCOTUS Twombly/Iqbal Pleading Standard

The DMCA and fair use: Has anti-circumvention gone too far?

With the passage of the Digital Millennium Copyright Act (DMCA) in 1999, Congress expanded copyright law and the rights afforded owners of copyrighted works. At the time, copyright holders — worried that the increased access...more

5/1/2015 - Copyright Copyright Infringement DMCA Fair Use Statutory Interpretation

4 off-the-radar things you need to know about proposed patent reforms

Current patent reform efforts in Congress center around two pieces of legislation. One, pending in the House of Representatives is sponsored by Rep. Bob Goodlatte (R-VA) (H.R. 9, known as the “Innovation Act”). The other is...more

4/20/2015 - America Invents Act Patent Assertion Entities Patent Reform Patent Trolls Patents Pending Legislation STRONG Patents Act

Two signs that patent reform momentum may be slowing

With the rise of patent trolls, software patents, and spiraling patent litigation costs over the past 10 years, there arose a call for patent reform. There was a call to limit the ability of patent assertion entities to...more

4/3/2015 - America Invents Act Claim Construction Patent Assertion Entities Patent Reform Patents

Has the war on patent trolls caused collateral damage?

Much of the attention in patent law over the past five years has been on combatting the so-called patent troll — patent assertion entities whose only business is suing other businesses. Patent trolls were one of the major...more

3/20/2015 - America Invents Act Patent Assertion Entities Patent Reform Patent Trolls Patents

Three things you need to know about the latest patent reform legislation

This year, just as he did last year, Rep. Bob Goodlatte (R-Va), introduced his Innovation Act legislation aimed at stopping abusive patent troll litigation....more

2/13/2015 - Attorney's Fees Innovation Act Patent Litigation Patent Trolls Patents Pleading Standards

Supreme Court ends Fed Circuit’s lone reign over claim construction (some of the time at least)

Just like an older sibling forced to share with a new younger brother or sister, we are all likely familiar with authority stepping in and forcing us to share our previously unchecked power or benefits with others. That’s...more

1/23/2015 - Claim Construction Clear Error Standard De Novo Standard of Review Federal Rules of Civil Procedure Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Teva v Sandoz

Is there such a thing as a lovable patent troll?

Patent trolls are usually thought of as bad for innovation, bad for business, and bad in general. The common narrative is that patent trolls should be wiped out and restricted in whatever way possible. But is this view fair?...more

12/10/2014 - Patent Assertion Entities Patent Trolls Patents

Post-Alice, has the Fed Circuit suggested another subject matter eligibility test?

Last month, the Federal Circuit issued its latest decision on the issue of patent eligible subject matter. The decision in that case, Ultramercial, Inc. v. Hulu, LLC, was far from earth shattering. With scant analysis, the...more

12/4/2014 - Bilski CLS Bank v Alice Corp Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Section 101 Ultramercial v Hulu

Five things patent trolls don’t want you to know about litigation

Patent trolls are not all the same. They have different tactics, different areas of expertise, and they can behave in very different ways in litigation. But they all want money. And they all do what they can to get as much of...more

10/1/2014 - Corporate Counsel Defense Strategies Patent Litigation Patent Trolls Patents Popular

Post-grant review, continued: Inter partes, covered business methods

In my last post, I detailed some of the most common frustrations with patent litigation and how the U.S. Patent and Trademark Office offers alternative ways to challenge issued patents. I provided descriptions of two of the...more

9/3/2014 - Covered Business Method Patents Inter Partes Review Proceedings Patents Post-Grant Review USPTO

PTO post-grant review: Patent issuance is not end of the line

So, you find yourself a defendant in a patent infringement suit. Some patent holder has filed a lawsuit claiming that your company is infringing on their patented technology. The patent holder threatens to shut your business...more

8/25/2014 - America Invents Act Patent Infringement Patent Litigation Patents Post-Grant Review USPTO

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

7/16/2014 - Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patent Trolls Patents Popular SCOTUS

Why patent reform won’t wait for Congressional action

Last month, after repeated delays and countless compromises, Sen. Patrick Leahy took the Senate’s version of comprehensive patent reform legislation off the calendar — dashing the hopes of those seeking reform without even a...more

6/17/2014 - America Invents Act FTC Legislative Process Non-Practicing Entities Patent Reform Patent Trolls Patents SCOTUS USPTO

Who are the major players in a patent infringement action? Part Two

In my last post, I introduced you to the different roles in a patent infringement action. Today, I’ll continue those introductions. Pay close attention to this meet-and-greet: If you’re faced with a patent infringement...more

6/11/2014 - Patent Infringement Patent Litigation Patents

Who are the major players in a patent infringement action? Part One

With different technology and different parties involved, no two patent infringement actions are completely alike. But that doesn’t mean there aren’t commonalities between them. For instance, while the parties to every patent...more

6/3/2014 - Inventors Licenses Patent Infringement Patent Litigation Patent Ownership Patents

What’s the best way to improve the odds in patent troll litigation?

One can hardly talk about the patent law or patent litigation anymore without addressing the issue of patent assertion entities (PAEs). PAEs develop nothing, make nothing, distribute nothing, and sell nothing. They exist to...more

4/25/2014

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