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Patent Infringement Defense Leveraging Contested Proceedings
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Demonstratives in Post-Grant Proceedings
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Patent reform legislation has garnered much national attention over the past year, as Congress has introduced numerous proposals to curb perceived litigation abuse by patent trolls. (See our previous alert here.) The House of...more
House Judiciary Committee Copyright Hearing: On April 2, 2014, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing “Preservation and Reuse of Copyrighted Works.” ...more
In Dardenne v. MoveOn.org, the Middle Louisiana Federal District Court faced a conflict between trademark protection, on the one hand, and the First Amendment’s protection of political advocacy, on the other. The Court...more
At an economic development summit earlier today in Newton, Massachusetts, Governor Patrick stated that he will propose an economic growth bill that includes a prohibition on non-competition agreements that discourage workers...more
Proposed patent legislation has been causing a stir at both the federal and state levels recently. In an effort to curb infringement litigation initiated by non-practicing entities, often referred to as "patent trolls,"...more
Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using a biological...more
The Senate Committee on the Judiciary was set to consider the Patent Transparency and Improvements Act of 2013 (S. 1720) earlier today during an Executive Business Meeting. Instead, the Committee again tabled the bill, this...more
On March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding the copyright infringement notice...more
On the day before the Senate Judiciary Committee is scheduled to take up S. 1720 (The Patent Transparency and Improvements Act), the Innovation Alliance delivered a letter to Chairman Leahy and Ranking Member Grassley...more
In what turned out not to be an April Fools' Day joke, Senator Charles Schumer (at right) of New York participated earlier today in a Google+ Hangout sponsored by the Internet Association. According to their website, this...more
At a time when congressional partisanship is the norm, curbing lawsuits filed by nonpracticing entities (NPEs) may be one of the few issues uniting Washington. Over the past year, both Republicans and Democrats introduced...more
In his State of the Union Address given on January 28, 2014, President Obama recognized the need for continued and increased investment in new technologies, including technologies specific to the biological and pharmaceutical...more
Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was considered, then held over for another week. Nevertheless, several members of...more
Illinois Governor Pat Quinn’s reelection campaign appears to be based on a simple message: “Do you want C. Montgomery Burns Representing You in Springfield?” Yes, he means that C. Montgomery Burns. Yesterday, Quinn began a...more
Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more
There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation.
Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and...more
On February 20, 2014, the White House hosted an event "highlight[ing] progress on the [Obama] Administration's patent policy agenda." Orrick intellectual property attorney Wesley Helmholz attended the event at the White...more
Last week, the White House announced new executive actions characterized as initiatives “to combat patent trolls and further strengthen our patent system and foster innovation.” This marks a continuation of the White House’s...more
Last week, the Obama Administration announced "major progress on a series of initiatives designed to combat patent trolls and further strengthen our patent system and foster innovation" (see "The White House Releases Update...more
Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more
In a continuation of the House Judiciary Committee’s extensive review of U.S. Copyright law, the Subcommittee on Courts, IP, and the Internet held “The Scope of Fair Use” hearing on January 28, 2014. ...more
On January 10, 2014, the Supreme Court agreed to review the Federal Circuit's standard for determining whether a patent claim is indefinite in Nautilus, Inc. v. Biosig Instruments, Inc. (S. Ct. No. 2013-0369), a case that...more
If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more
There have been some major developments in litigation, including dangers of default judgments, trade, Solar Cells, Chinese Antidumping, patents, US/Chinese antitrust, and securities areas.
January was a very important...more
Last month, President Obama signed the Consolidated Appropriations Act, 2014, which makes consolidated appropriations for the fiscal year ending September 30, 2014. One provision of the 639-page Act, which can be found in...more
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