Patent Assertion Entities

News & Analysis as of

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding...more

FTC Releases Report on Patent Assertion Entities

Three years ago, the Federal Trade Commission announced a study of “patent assertion entities” (“PAEs”): “businesses that acquire patents from third parties and seek to generate revenue by asserting them against alleged...more

Alert: Antitrust Agencies Release Update to IP Licensing Guidelines for Comment

The Antitrust Division of the Department of Justice (DOJ) and Federal Trade Commission (FTC) are seeking public comment on a proposed update to the agencies' Antitrust Guidelines for the Licensing of Intellectual...more

Guest Post -- Keeping an Eye on Patent Trolls

The Question Worth Pondering: Innovation Provokers or Idea Thieves? - In the past five years Cisco and J.C. Penney have spent close to $350 million fending off demands from patent trolls, which are more politely known...more

Competition/antitrust law

Focus on the US - Cartel enforcement activity and stiffer criminal penalties against price fixing - The Department of Justice (DOJ) continues to investigate and seek criminal charges against worldwide cartels. This...more

Texas Takes a Stance Against Patent Trolls

Since the U.S. Congress began implementing reforms to the patent system, states too have been considering measures to protect their residents and business from abusive patent litigation. While the federal government has...more

Alert: Top 10 Antitrust Developments and Trends to Watch in 2016

Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more

In a First, E.D. Tex. Finds Plaintiff’s Massive Litigation Campaign Asserting Patent Invalid Under Alice ‘Exceptional,’ and Awards...

On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas awarded attorneys’ fees under 35 U.S.C. section 285 to defendants in a set of consolidated patent lawsuits initiated by eDekka LLC. 12/17 Order at...more

Leave the Baggage Behind: Deciding How Much Party Background Is Admissible

Order on Motions in Limine, Finjan, Inc. v. Blue Coat Systems, Inc., Case No. 13-cv-03999 (Judge Beth Freeman) - Litigators know that, at trial, what you’re not allowed to say can sometimes be just as important as what...more

Update: Patent Trolls Are Targeting the Energy Industry

New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015. As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more

Federal Judge Permits MPHJ’s Suit Challenging Vermont’s Bad Faith Patent Demand Letter Law To Proceed

We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more

Is the Competition Bureau Targeting You? New IP Enforcement Guidelines

On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment. The comment period is open until August 10, 2015. It is the third publication of...more

Trolling for an Inventive Method for Patent Enforcement

In the wake of Jon Stewart and Stephen Colbert leaving their respective shows on Comedy Central for newer pastures, John Oliver has emerged as a new beacon of political humor and satire. If you haven’t watched his show, and...more

4 off-the-radar things you need to know about proposed patent reforms

Current patent reform efforts in Congress center around two pieces of legislation. One, pending in the House of Representatives is sponsored by Rep. Bob Goodlatte (R-VA) (H.R. 9, known as the “Innovation Act”). The other is...more

Two signs that patent reform momentum may be slowing

With the rise of patent trolls, software patents, and spiraling patent litigation costs over the past 10 years, there arose a call for patent reform. There was a call to limit the ability of patent assertion entities to...more

Has the war on patent trolls caused collateral damage?

Much of the attention in patent law over the past five years has been on combatting the so-called patent troll — patent assertion entities whose only business is suing other businesses. Patent trolls were one of the major...more

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the...more

FTC Commissioner Brill Urges Congress to Act on Patent Trolls

In a speech at the American Antitrust Association (AAI) and Computer & Communications Industry Association (CCIA) Conference on Innovation, Patents and PAEs on December 10, 2014, Federal Trade Commissioner (FTC) Julie Brill...more

Is there such a thing as a lovable patent troll?

Patent trolls are usually thought of as bad for innovation, bad for business, and bad in general. The common narrative is that patent trolls should be wiped out and restricted in whatever way possible. But is this view fair?...more

Antitrust-Related Recent Developments: DOJ settles gun-jumping case, FTC issues fines for failure to submit HSR filing and FTC...

DOJ fines particleboard manufacturers $4.95 million for gun-jumping violations - On Friday, November 7, 2014, two companies agreed to pay $4.95 million to settle U.S. Department of Justice (DOJ) allegations that the...more

Recent Developments Relating to Antitrust and Intellectual Property: Patent Assertion Entities, FRAND and Patent Misuse

On Thursday November 6, the Federal Trade Commission (FTC) announced it had reached an agreement with MPHJ Technology Investments (MPHJ), a patent assertion entity, to settle the FTC’s Complaint that MPHJ allegedly made...more

Trolls Under the Bridge: FTC Proposes Settlement with Patent Assertion Entity

On November 6, 2014, the Federal Trade Commission (FTC) issued a press release regarding a proposed settlement that would bar the company, MPHJ Technology Investments, LLC (MPHJ), from making deceptive representations when...more

Federal Trade Commission (FTC) Settles Complaint Against Patent Troll That Manufacturers Should Be Aware Of

Earlier this year, I wrote about efforts to reform the patent system to curtail abuses by “patent trolls.” Patent trolls do not manufacture anything. Rather, they often buy up patents and then bring lawsuits against...more

Patent Assertion Entity Settles FTC Charges

Patent Assertion Entities (PAEs) acquire patent rights and attempt to generate revenue by licensing or litigating the patents. In September 2013, the FTC announced its decision to collect empirical data to study the effects...more

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

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