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
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 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
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
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
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
In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle...more
With three new filings in February 2019 against household names like Macy’s, Best Buy, and Lululemon, Vindolor, LLC—a non-practicing entity—has expanded its contactless “tap-to-pay” point-of-sale patent litigation assault to...more
In 2018, the U.S. Court of Appeals for the Federal Circuit docketed close to 600 appeals from the U.S. Patent and Trademark Office (USPTO). That is the second highest number since starting to hear post-American Invents Act...more
Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more
KANSAS CITY, Mo. On Dec. 7, 2018, the Federal Circuit issued a decision in Jack Henry & Associates, Inc. v. Plano Encryption Technologies, case number 16-2700, holding that non-practicing entities (companies whose only...more
Since launching Cloud IPQ last year, we have focused on the intersection of cloud computing and intellectual property with a particular emphasis on the increasing number of patent lawsuits filed against cloud computing...more
Patent filings reveal the untapped potential of Google and Amazon smart devices Big companies have been filing patent applications on smart devices for many years. While it is unlikely that old patents can be stretched to...more
My first presentation about the creation of inter partes review was to a group of Stanford students in 2011. In that presentation, to the amusement of the class, I analogized IPRs to Dr. Seuss’ classic 1961 children’s book...more
Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more
Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more