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
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
The Eastern District of Texas recently adopted a “Model Order Focusing Patent Claims and Prior Art to Reduce Costs.” The Model Order restricts the number of patent claims and prior art references that can be raised during...more
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
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
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
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
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
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, FindTheBest.com, Inc. v....more
In two decisions that the Supreme Court may be asked to review, the U.S. Court of Appeals for the Federal Circuit has reversed the decision of a District Court, which took the issue of invalidity away from the jury and...more
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
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
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
The U.S. Patent and Trademark Office (PTO) has finalized new fees to take effect in March 2013. The PTO believes these fees will aid in reducing pendency of patent applications within the agency.
The PTO is relying on...more