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New North Carolina Law Provides Tool to Battle Patent Trolls

The North Carolina General Assembly recently passed a bill aimed at the abusive assertion of patents. It was part of the Commerce Protection Act of 2014 (S 648, S.L. 2014-110, section 2.1) and was signed into law by Governor...more

Patent Reform: It's Alive!

When Senator Patrick Leahy (D-Vt.) announced on May 21 that he was pulling patent reform off the agenda of the Senate Judiciary Committee, commentators were quick to pass judgment: "Patent reform is dead." These reform...more

Proposed Legislation Seeks to Limit Patent Trolls’ Access to ITC Investigations

On Thursday, May 29, 2014, U.S. Congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) introduced legislation aimed at reducing the ability of patent trolls to initiate ITC investigations....more

FTC PAE Study Would Collect Detailed Confidential Business Information From 25 PAEs

In the May 19, 2014 Federal Register, the Federal Trade Commission published a Notice and Request for Comments concerning its proposal ”to collect information about Patent Assertion Entity (‘‘PAE’’) organization, structure,...more

A Supreme Court Doubleheader

On Tuesday, April 29, the US Supreme Court handed down two unanimous decisions that could have far-reaching consequences for parties in patent litigation. The cases both deal with fee-shifting, which is when a prevailing...more

Patent Reform Bill Progresses through the House

The steady rise in patent litigation in the United States has captured the attention of Congress, which currently has several bills regarding patent reform active in various stages of the legislative process. On December 5,...more

The Five Ps of Patent Reform: What You Need to Know About the Patent Litigation Reform Legislation Moving Through Congress

The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent...more

ITC Section 337 Update – October 4, 2013

Commission Issues Notice Of Shutdown Of Investigative Activities – On October 1, 2013, the Commission issued a Notice that, as a result of the broader shutdown of the federal government, the Commission “will shut down...more

"FTC Seeks Comment on Collection of Information Relating to Patent Assertion Entities"

On September 27, 2013, the Federal Trade Commission announced that the four sitting Commissioners voted unanimously to seek public comments on a proposal to gather information to examine how patent assertion entities (PAEs)...more

Patent Trolls Play On

The gathering storm of potential legislation against Patent Assertion Entities, otherwise known as patent trolls, has been well reported, but what are the trolls doing in response? ...more

Federal and State Governments Position Patent Trolls in their Crosshairs

The number of patents filed in recent years has increased with the proliferation of complex products containing thousands of components. So too has the incidence of lawsuits or threats of suit....more

What If Anything Should Be Done About Patent Assertion Entities?

Since 2005 there has been increased concern about patent enforcement by parties that have variously been referred to as patent trolls, non-practicing entities, patent aggregators and, most recently, patent assertion entities....more

Intellectual Property Bulletin - Spring 2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...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

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

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

White House Issues Executive Actions and Legislative Recommendations Aimed at Patent Assertion Entities

Recognizing a problem that has long plagued Silicon Valley technology companies, on June 4, 2013, President Barack Obama issued executive actions and legislative recommendations "to protect innovators from frivolous...more

Antitrust and Competition Newsletter - February 2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...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

How Do You Solve a Problem Like PAEs?

Policy makers in Washington, DC have been hearing about the problems created by patent assertion entities – PAEs or, to some, “patent trolls” – from a number of quarters over the past few years. PAEs are generally entities...more

IP Update, Vol. 15, No. 12, December 2012

In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more

FTC and DOJ Explore Role of Patent Assertion Entities in the Patent Innovation Market

On December 10, 2012, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly presented the “Patent Assertion Entities (PAEs) Activities Workshop.” This publicly-held workshop signaled a recognition by...more

Joint DOJ-FTC Workshop Explores Competitive Impact of Patent Assertion Entities

Federal antitrust enforcement agencies are closely studying the growing activity of patent assertion entities (PAE). At a recent joint workshop sponsored by the Federal Trade Commission (FTC) and U.S. Department of Justice...more

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