Trent Ostler

Trent Ostler

Venable LLP

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Supreme Court Aiding Fight against Patent Trolls: Alice, Nautilus, Limelight, Octane Fitness and Highmark

The Supreme Court may be making up for where Congress has left off. Legislation designed to curb abuse from patent assertion entities, or so-called patent trolls, has been shelved indefinitely. The legislation passed the...more

7/1/2014 - Attorney's Fees CLS Bank v Alice Corp Highmark v. Allcare Indefiniteness Induced Infringement Limelight v Akamai Nautilus Inc. v. Biosig Instruments Octane Fitness v. ICON Patent Litigation Patent Trolls Patent-Eligible Subject Matter Patents Popular SCOTUS

Alice Corp. v. CLS Bank: Another Unpatentable Business Method Patent

On June 19, 2014, the Supreme Court unanimously decided Alice Corp. v. CLS Bank Int'l. and held that the claimed computer-implemented business method did not recite patent-eligible subject matter. The Alice decision examines...more

7/1/2014 - Alice Corporation CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Nautilus: New Test, Same Application?

In anticipation of Nautilus v. Biosig, many expected that the Supreme Court would relax the Federal Circuit's so-called "insolubly ambiguous" test for determining definiteness under 35 U.S.C. § 112, ¶ 2. Under the Federal...more

6/27/2014 - Definiteness Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

IP Buzz - Post Grant Practice - June 2014

In this issue: - Terminal Disclaimer Cannot be Used to Circumvent IPR Review Standard - IPR Spotlight Series: Evaluating Whether to File a Preliminary Patent Owner Response - Unscathed by Review: Recent...more

6/19/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents Post-Grant Review

Unscathed by Review: Recent IPR Results Temper PTAB's Overall Record

The PTAB has been labeled an anti-patent "death squad" because of the high percentage of unpatentability findings in early AIA trials. Through March 2014, all 28 Final Written Decisions decided on the merits held at least one...more

6/16/2014 - Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

IP Buzz - Post Grant Practice

In this issue: - IPR Spotlight Series: Preparing and Filing a Petition - AIA Trials By Fire: How to Protect Your Patent Portfolio Against PTAB "Death Squads" - Should I Stay or Should I Go [to the PTAB]...more

5/19/2014 - America Invents Act Covered Business Method Patents Design Patent Inter Partes Review Proceedings IPR Patent Portfolios Patent Trial and Appeal Board Patents USPTO

Open for Business: The PTO Offers a Fast and Low-Cost Shot at Invalidating Business Method Patents

Business method patents exploded in the mid-1990s, leaving companies vulnerable to patents that many felt never should have been issued. The expense of litigation and the high hurdle to invalidating issued patents caused many...more

5/16/2014 - Covered Business Method Patents Patent Litigation Patent Trial and Appeal Board Patents USPTO

AIA Statistics: A Closer Look at the Outcome of AIA Trials Based on the Year of Patent Issue

Since September 16, 2012, inter partes review (IPR) and covered business method (CBM) review have been available as proceedings to challenge the validity of patents before the PTO. This article looks at how the Patent Trial...more

5/16/2014 - America Invents Act Covered Business Method Patents Patent Litigation Patent Reform Patent Trial and Appeal Board Patents USPTO

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