News & Analysis as of

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

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

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

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

Bad Faith Patent Litigation Is Bad News For Plaintiffs

Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must...more

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

Obama moves to curb patent trolls - but beware of unintended consequences

President Barack Obama has announced a new executive and legislative initiative aimed at curbing patent infringement suits by “patent trolls,” who generate revenue through extortionate litigation, not real innovation....more

Intellectual Property Alert: Massive Increase In "Patent Trolls" Elicits Legislative Recommendations And Executive Actions

The Leonard, Street and Deinard patent litigation team helps clients on a daily basis to defend against and resolve threats of patent infringement by Patent Assertion Entities (PAEs, often referred to as "patent trolls")....more

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more

DISPUTE RESOLUTION: Intellectual Property: Non-Practicing Entities (Patent Trolls) Target Oil and Gas Companies

As the number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has increased, oil and gas companies have increasingly become targets....more

BONDing With NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil...

A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the...more

Today’s “Troll,” Tomorrow’s Client

Reporter Ashby Jones of The Wall Street Journal this week highlighted a controversy surrounding a long-standing practice to leverage the profitability of patents regardless of how or whether those patents are being used by...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more

IP Update, Vol. 16, No. 1, January 2013

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

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