News & Analysis as of

Inter Partes Review: Lessons Learned and Emerging Trends

Introduced by the America Invents Act (AIA), Inter Partes Review (IPR) first became available on September 16, 2012. “IPRs have really taken off and filings have increased over time as more and more people consider how useful...more

Nintendo Latest Victory Against NPE

On May 19, 2014 a U.S. District Court in the Eastern District of Texas granted a joint motion to dismiss Wall Wireless’ patent lawsuit against Nintendo filed in February of 2009, which implicated the Nintendo DS and DSi...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

ITC Looks to Short-Circuit Troll Cases

Continuing the trend against Non-Practicing Entities (NPEs or "trolls"), the U.S. International Trade Commission (ITC) announced a pilot program to permit an accelerated determination on the existence of dispositive issues in...more

ITC Section 337 Update - June 18, 2013

In This Issue: - Commission Issues Exclusion Order In 794 Investigation Despite FRAND Declarations - White House Releases Report On Patent Assertion And U.S. Innovation; Makes Legislative Recommendations And...more

White House Announces Initiatives Against Patent Trolls

On June 4, 2013, the White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative recommendations “designed to protect...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

President Obama, Judge Rader, and Patent Trolls

President Obama and the Chief Judge of the Federal Circuit struck a one-two punch in the fight against patent trolls this week....more

The Obama Administration Hops On The Anti-Troll Bandwagon

On June 4, the Obama administration issued a press release announcing several legislative and executive initiatives aimed at reducing abusive litigation by Patent Assertion Entities (PAEs), otherwise known as patent “trolls.”...more

In the ITC: The public interest factors – newest patent troll countermeasure?

The International Trade Commission opened its doors to non-practicing entities (NPEs) with its decision in Certain Coaxial Cable Connectors and Components Thereof, Inv. No. 337-TA-650 (reported in IPT News, Q3 2010), holding...more

ITC Section 337 Update - May 1, 2013

Congress Holds Hearings On Section 337 Litigation – On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The...more

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE

Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act....more

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

On January 10, 2013, the Federal Circuit in InterDigital Communications v. ITC denied a combined petition for panel rehearing and for rehearing en banc, holding that InterDigital’s patent licensing alone met the domestic...more

Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities

On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n...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

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