Non-Practicing Entities

News & Analysis as of

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

Patent Reform: It's Alive!

When Senator Patrick Leahy (D-Vt.) announced on May 21 that he was pulling patent reform off the agenda of the Senate Judiciary Committee, commentators were quick to pass judgment: "Patent reform is dead." These reform...more

Docs @ BIO -- Federal District Court vs. the PTAB

Yesterday, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before...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

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim...more

High Octane Fuel for Curbing Abusive Patent Litigation

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding...more

Echoes from the Gunn? Aggravated States and Demand Letters

A gunshot that cracks the silence of an old west desert canyon creates an echo coming from all directions. A Supreme Court decision can make similar reverberations throughout the legal world. Last year, just such a sound...more

Looking Upstream: Weighing Proposed Changes To Customer Stays In Patent Litigation*

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

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

House Passes Patent Reform Legislation

The U.S. Congress continues to focus on patent reform legislation with House passage of the Innovation Act, a bill primarily addressing the conduct of patent litigation. While much attention has been paid to litigation...more

December 2013: Japanese Litigation Update

Japanese Government Tightens Insider Trading Regulations. On June 12, 2013, the Japanese Diet passed an amendment to the Japanese Financial Instruments and Exchange Act, including enhancements of many insider trading...more

Patent Reform Bill Progresses through the House

The steady rise in patent litigation in the United States has captured the attention of Congress, which currently has several bills regarding patent reform active in various stages of the legislative process. On December 5,...more

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

Wearable Computing—The Next Front in the Smartphone Wars?

The rapidly shrinking size of computer components and the development of high-speed wireless signaling technologies have made mobile computing devices ubiquitous. Users can now access data and applications from virtually...more

Patent Trolls, Anti-Trolls, and Antitrust Law Collide in Patent Licensing Dispute

We previously wrote that regulators are considering using antitrust laws to reign in perceived abuses by non-practicing entities or, more familiarly, “patent trolls” – entities that purchase the rights to patents not to...more

U.S. House Passes Bill to Reform Patent Litigation

The U.S. House of Representatives approved a bill today called the “Innovation Act,” H.R. 3309, which was aimed at reigning in abusive patent litigation filed by “non-practicing entities (NPEs)” or “patent trolls.” The bill...more

GAO Report: Looking For the Real Troll: The findings of a US government study into NPEs took aim at the USPTO, software patents...

As a tidal wave of attention and criticism, from legislative, judicial, and national press sources, continued to be heaped on‘non-practising entities’ (NPEs), the Government Accountability Office (GAO) recently tossed out a...more

"Non-Practicing Lawmakers" -- The Mark-up of H.R. 3309 (Innovation Act)

As we have previously reported, Rep. Goodlatte (R-VA), the Chairman of the House Committee on the Judiciary, introduced the "Innovation Act" (H.R. 3309) to curb abusive patent litigation, and conducted a hearing of his...more

What To Do About NPEs: Do We Risk Throwing the Baby Out with the Bath Water?

Goodwin Procter LLP Hosts Forum On Non-Practicing Entities - On October 9, 2013, more than 45 leaders from private practice, industry, government, and academia gathered at the New York office of Goodwin Procter LLP to...more

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

US China Trade War–Developments In Trade, Customs, Patents, Antitrust And Securities

There have been some major developments in the trade, solar cells, Customs, 337/patents, antitrust and securities areas. On September 26th there were reports that the United States and China have been negotiating for the past...more

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

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

The War on Patent Trolls -- Congress Prepares for Battle

In case it was not clear that Congress is serious about combatting the perceived problem of "patent trolls," Sen. Patrick Leahy (Vermont) and Sen. Mike Lee (Utah) published an opinion piece this week on the POLITICO.com...more

60 Results
|
View per page
Page: of 3