America Invents Act Patent Trolls

The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant... more +
The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition.  less -
News & Analysis as of

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

Congress Introduces New Legislation To Halt Patent Trolling

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

IP Newsflash - September 2015

DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more

Celgene’s Pending Sanctions Motions against Kyle Bass’s Hedge Fund

The Patent Trial and Appeals Board (PTAB) previously authorized Celgene Corporation (“Celgene”) to move for sanctions against the Coalition for Affordable Drugs (“Coalition”), an entity affiliated with a Kyle Bass hedge fund...more

Rep. Goodlatte Releases Report on H.R. 9

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

Federal Circuit Affirms Unpatentability in Much Anticipated First Review of CBM Decision

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM...more

Innovators Beware! Patent Reform Creates the New “Anti-Patent” Troll

Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls. These started with the America Invents Act of 2011 and have been followed by the Patent Law...more

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

4 off-the-radar things you need to know about proposed patent reforms

Current patent reform efforts in Congress center around two pieces of legislation. One, pending in the House of Representatives is sponsored by Rep. Bob Goodlatte (R-VA) (H.R. 9, known as the “Innovation Act”). The other is...more

Has the war on patent trolls caused collateral damage?

Much of the attention in patent law over the past five years has been on combatting the so-called patent troll — patent assertion entities whose only business is suing other businesses. Patent trolls were one of the major...more

Top Stories of 2014: #10 to #7

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

US Congress may act again on patent reform

The Leahy-Smith America Invents Act (AIA), enacted in 2011 after three different US Congresses considered various iterations of the legislation, was the most sweeping reform of our patent system since 1952. But since...more

Why patent reform won’t wait for Congressional action

Last month, after repeated delays and countless compromises, Sen. Patrick Leahy took the Senate’s version of comprehensive patent reform legislation off the calendar — dashing the hopes of those seeking reform without even a...more

Removal of Patent Troll Bill

Last Wednesday, May 21, the Senate Judiciary Committee removed a bill from their agenda that sought to protect companies against “patent trolls,” which are companies whose main business is to gather patents, threaten...more

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

White House Announces Executive Actions Designed to Combat Patent Trolls

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

The White House Releases Update on "Protecting American Inventors and Innovators"

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

Patents and the State of the Union -- A Response

It may come as no surprise, but on Tuesday, January 28, 2014, President Obama highlighted innovation and the patent system during his State of the Union address...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

The Year of the Patent Troll

2013 was another milestone year for patents. Here are some highlights: - The most significant change in U.S. Patent Law from the America Invents Act (AIA) was implemented on March 16, 2013, changing the system from a...more

Senate Judiciary Committee Holds Hearing on "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse"

On Tuesday, December 17, 2013, the Senate Committee on the Judiciary took up the issue of abusive patent litigation. In a hearing entitled "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll...more

TC's inside IP - Winter 2013: Patent Troll Legislation Takes Another Step Forward: But Will It – or Should It – Matter?

On December 5, the U.S. House of Representatives approved House Judiciary Chairman Bob Goodlatte’s Innovation Act. This follow-up to the America Invents Act is the first of several Congressional bills targeting so-called...more

The Five Ps of Patent Reform: What You Need to Know About the Patent Litigation Reform Legislation Moving Through Congress

The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

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