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Congress to Consider Alternative Patent Litigation Reform Bill

Last month, a bipartisan group of legislators introduced the so-called “Innovation Act of 2015” (H.R. 9) in the U.S. House of Representatives. That bill proposes numerous reforms to the U.S. patent system, including...more

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

STRONG Patents Act of 2015 -- An Alternative Patent Reform Bill

Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more

Legislative Update – STRONG Patents Act Takes Aim at IPR and PGR

With the new Congress firmly seated and various legislative efforts gaining momentum, another effort to reform patent system is taking its share of the spotlight. In early February, the House of Representatives took the first...more

Congress is Reconsidering “Anti Troll” Legislation

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more...more

Congress To Revisit Patent Litigation Reform With New “Innovation Act”

In January, the 114th Congress arrived in Washington, D.C., with Republicans controlling both the Senate and the House of Representatives for the first time since 2006. On February 5, 2015, a group of legislators launched a...more

Pro-Patent Coalition Writes Letter to the House and Senate Judiciary Committees

Last week, what is described as "a broad coalition" representing patent holders and inventors sent a letter to Representatives Bob Goodlatte (VA, 6th) and John Conyers (MI, 13th), Chairman and Ranking Member, respectively, of...more

Secrets in the Spotlight

Companies May Get a New Weapon in the Fight Against Economic Espionage - Efforts to protect property from global threats gained momentum in Washington this summer with the introduction of a pair of bills that would...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

FLORIDA SUNSHINE? State High Court Orders Gerrymandering Documents Made Public, Justice Thomas Rejects Last-Minute Appeal

This past summer, we reported on an emergency petition to Justice Clarence Thomas of the United States Supreme Court to stay a Florida Supreme Court’s decision permitting disclosure of documents submitted under seal during a...more

Anticipating a Federal Trade Secret Law

Unlike patents and copyrights, trade secrets have historically been protected primarily under state law rather than federal law. That long history may soon change, as bills to create a federal cause of action for trade secret...more

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Oregon introduces bill to make improper patent license demands a violation of its unlawful trade practices law - In February 2014, Senate Bill 1540 was filed, which would make patent trolling a violation of the...more

New North Carolina Law Provides Tool to Battle Patent Trolls

The North Carolina General Assembly recently passed a bill aimed at the abusive assertion of patents. It was part of the Commerce Protection Act of 2014 (S 648, S.L. 2014-110, section 2.1) and was signed into law by Governor...more

Patent Troll Legislation: Oregon State Courts Curb Abuse of Patent Laws by NPEs

Patent trolls, or more politely, Non-Practicing Entities (NPEs), are firms that collect “license” fees on patent rights by threatening lawsuits. Rarely do NPEs make any products, provide any services or operate any systems...more

Significant Legislation Affecting Business Passed by General Assembly

At the end of last week, the North Carolina General Assembly passed significant legislation affecting the State’s business legal climate. With large bipartisan majorities, the Legislature adopted Senate Bill 853 (SB 853),...more

Statutory Right to Appeal Does Not Bypass Article III Standing Requirements

Consumer Watchdog v. Wisconsin Alumni Research Foundation - The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (the Board) on the grounds that the appellant, a...more

Progress Toward Comprehensive Patent Reform Stalls

On May 21, 2014, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that he was removing patent reform legislation from the Committee's agenda, effectively eliminating any chance for Senate consideration this...more

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

House Tries One More Time: Targeting Rogue and Opaque Letters Act of 2014 ("TROL Act")

U.S. Representative Lee Terry (R-NE) opened a recent subcommittee meeting by quoting Thomas Edison: "The most certain way to succeed is to try one more time." The occasion was the meeting of the House's Energy and Commerce...more

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

"STOP THE ISLAMISATION OF AMERICA" Is Disparaging

In re Pamela Geller and Robert B. Spencer - The U.S. Court of Appeals for the Federal Circuit upheld the Trademark Trial and Appeal Board’s (TTAB) refusal to register the mark “STOP THE ISLAMISATION OF AMERICA” in...more

Turning The Tide on “Trolls”

When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

ITC Section 337 Update – June 2014

ITC Updates Facts And Trends In Section 337 Investigations – On June 10, 2014, the Commission issued an Update entitled “USITC Section 337 Investigations – Facts And Trends Regarding Caseload And Parties.” On...more

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