Kevin Bell

Kevin Bell

Squire Patton Boggs

Contact  |  View Bio  |  RSS

Latest Publications


Patent Assertion Entity Sues FTC, Agrees to Follow New York Attorney General Guidelines

A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring...more

1/24/2014 - Abuse of Process FTC Patent Infringement Patent Litigation Patent Trolls

Supreme Court Finds Patent Owner Have Burden of Proving Infringement in a Declaratory Judgment Case

The Supreme Court has unanimously ruled that a patent owner always has the burden of proving infringement, even if the case is brought by a licensee asking for a declaration that the licensed patents were not invalid. ...more

1/24/2014 - Burden of Proof Declaratory Judgments Infringement Medtronics Patent Infringement Patent Litigation Patents SCOTUS

Federal Circuit to Review Virginia Court's Decision Excluding Expert Report and Testimony Due to Failure to Apportion Royalty Base...

At the behest of Facebook, Inc., a defendant in a patent infringement case, a Virginia court excluded the report and testimony of a damages expert because the expert failed to apportion the revenue to the features causing the...more

12/12/2013 - Apportionment Damages Expert Testimony Expert Witness Facebook Infringement Patents Royalties

Supreme Court to Clarify Software Patent Eligibility

The Supreme Court will consider next year whether claims to computer-implemented inventions – including claims to systems and machines, processes, and items of manufacture – are eligible to be patented...more

12/10/2013 - Patent-Eligible Subject Matter Patents SCOTUS Software

Supreme Court Agrees to Hear Two Cases on Attorneys' Fees in Patent Cases

On October 1, the U.S. Supreme Court granted writs of certiorari and agreed to hear two patent infringement cases regarding the award of attorneys’ fees to prevailing parties. The Court’s rulings could result in more fee...more

10/7/2013 - Attorney's Fees Patent Infringement Patent Litigation Patents SCOTUS

FTC Announces Study of "Patent Assertion Entities"

The Federal Trade Commission (FTC) announced on September 27, 2013 that it would begin an investigation of so-called “patent assertion entities” (PAE). Its first step was to seek public comment on a lengthy series of...more

10/7/2013 - Abuse of Process FTC Patent Assertion Entities Patent Litigation Patent Trolls

House Judiciary Committee Drafts Legislation Proposing Sweeping Changes in Patent Infringement Litigation

House Judiciary Committee Chairman Bob Goodlatte of Virginia has released a second discussion draft of legislation intended to restrict litigation brought by non-practicing entities (NPEs). In June 2013, the White...more

9/30/2013 - Non-Practicing Entities Patent Infringement Patent Litigation Patents Proposed Legislation

Eli Lilly Files NAFTA Arbitration Claim Against Canada for Allegedly Discriminating Against Specific Patented Technologies

Eli Lilly, the U.S. pharmaceutical company, is accusing the Government of Canada of violating its obligations to foreign investors under the North American Free Trade Agreement (NAFTA) because its courts invalidated patents...more

9/25/2013 - Arbitration Canada NAFTA Patents Pharmaceutical Prescription Drugs

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case,, Inc. v....more

9/20/2013 - Frivolous Lawsuits Non-Practicing Entities Patent Infringement Patent Trolls Patents RICO

Supreme Court Limits Patentability of Human Gene Sequences

The Supreme Court today issued a decision in Association for Molecular Pathology v. Myriad Genetics, which reduced the ability to patent human gene sequences. ...more

6/14/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

2/11/2013 - Article III Declaratory Judgments Indirect Infringement Jurisdiction Justiciable Controversy Patents

Delaware Court Dismisses “Anticipatory” First-Filed Declaratory Judgment Action

The Delaware District Court dismissed a declaratory judgment action in favor of a later-filed patent infringement suit on the same patent. The ruling provides a roadmap for patent owners to pursue a settlement without the...more

2/4/2013 - Declaratory Judgments First-to-File Forum Infringement Patents

12 Results
View per page
Page: of 1

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.