Ever wondered how the size of modern devices has been shrinking at such a rapid pace? From sluggish brick-sized phones to palm-sized smartphones, we have come a long way – thanks to the ever-evolving semiconductor technology...more
2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more
Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022. In a sense, the rise of NPEs at the ITC was by...more
This article originally ran in Law360 on February 10, 2023. All rights reserved. Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more
Most nonpracticing entities are private firms owned by patent attorneys, investors, or a combination of the two. In other cases, NPEs do everything they can to obscure the identify of the true owner. And in virtually all...more
VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” How can you tell? Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Web 2.0 Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Traxcell Technologies, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will update our previous post explaining recent events at...more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named InvesTrex, LLC....more
This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to...more
Katherine Vidal, the director of the US Patent and Trademark Office (USPTO) has issued a 52-page sua sponte decision dealing with issues of sanctionable misconduct in inter partes review (IPR) proceedings. “Sua sponte”...more
On August 17, 2022, Chief Judge Colm F. Connolly of the District of Delaware issued an order in which he questioned the sufficiency of the plaintiff’s disclosure of financially interested parties in Longbeam Technologies LLC....more
The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long...more
The first that many companies hear about patent litigation filed by a non-practicing entity (“NPE”) is when they receive a complaint initiating litigation. And the chances of being on the receiving end of NPE litigation are...more
A question that arises with some frequency in modern patent infringement cases is: Can pre-suit damages be recovered for a time period when the patentee (and any licensee) was in compliance with the marking statute when there...more
The number of Non-Practicing Entities (NPE) cases has increased in Delaware by almost 10% over the last year. If you or a client finds yourself the target of an NPE patent litigation suit, the next question is usually what...more
A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. How should you respond? Should you respond? Many of these letters are a typical part of the playbook of...more
Trimble Inc. v. PerDiemCo LLC, Appeal No. 2019-2164 (Fed. Cir. May 12, 2021) - In this week’s Case of the Week, the Federal Circuit revisited its decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355...more
Over the past two decades, the term “patent troll,” or the more politically correct “NPE” (i.e., non-practicing entity), has become aligned with no company more than Intellectual Ventures (“IV”). ...more
In a February 19, 2020 decision the Federal Circuit held that a patentee does not escape 35 U.S.C. § 287’s marking requirement merely by ceasing sales of the practicing product. Instead, the Federal Circuit held that once a...more
The Alaska Department of Commerce, Community, and Economic Development recently adopted amendments to its mortgage lending regulations to exempt bona fide nonprofit organizations from the licensing requirement....more
The U.S. International Trade Commission (ITC) just closed the books on fiscal year 2019. We summarize some notable trends below....more
In a move that evidences an emerging pattern, Rothschild Patent Imaging LLC, a non-practicing entity (“NPE”), has filed a complaint asserting patent infringement against the open source software organization, the GNOME...more
RPX’s latest quarterly review provides a deep dive on the effects of Berkheimer and Aatrix. If you forget, the Federal Circuit found in those two 2018 cases that Section 101 motions – at the Rule 56 and Rule 12 stages,...more