Richard Oparil

Richard Oparil

Squire Patton Boggs

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

Eastern District of Texas Adopts Model Order Limiting the Assertion of Patent Claims and Prior Art References

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

12/17/2013 - Infringement Patent Infringement Patent Litigation Patents Prior Art

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, FindTheBest.com, Inc. v....more

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

Federal Circuit Finds Online Purchasing System Patent is Invalid for Obviousness

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

9/16/2013 - Internet Obviousness Patent Applications Patent Litigation Patents

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

New Patent Fees Finalized

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

1/29/2013 - Inter Partes Review Proceedings Patent Fees Patent Term Adjustment Patents USPTO

14 Results
|
View per page
Page: of 1