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Patent Reform

2017 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

by Morgan Lewis on

Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners. Please see full Digest Report below for more information....more

Updated Predictions on Patent Policy under the Trump Administration

by Shearman & Sterling LLP on

Earlier this year, the Shearman patent litigation team published an article predicting patent policy under the Trump Administration.[1] To briefly recap that article: President Trump has given few indications about where he...more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

by Foley & Lardner LLP on

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more

Predicting Patent Policy Under the Trump Administration

by Shearman & Sterling LLP on

The America Invents Act (“AIA”), signed into law by President Obama on September 16, 2011, was the biggest legislative overhaul to the United States patent system since the Patent Act of 1952. Among other changes, the AIA...more

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

Designs law reform in Australia: Prior art base, Grace periods, Screen displays and other changes

by FPA Patent Attorneys on

May 2016 - The Australian Government has responded to a series of recommendations for reform of Industrial Designs Law by the Advisory Council in Intellectual Property (ACIP). ACIP made 23 recommendations in its final report,...more

In re: TC Heartland LLC: Status Quo for Venue Selection in Patent Suits (For Now)

by Foley & Lardner LLP on

The Federal Circuit, in In re: TC Heartland LLC (No. 2016-105), recently issued an opinion denying TC Heartland’s petition for a writ of mandamus to direct the U.S. District Court for the District of Delaware to either...more

DOJ Files IPR Petitions Against Discovery Patents

by Foley & Lardner LLP on

The U.S. Department of Justice (DOJ) filed six petitions for inter partes review (IPR) of three patents assigned to Discovery Patents, LLC. The patents cover security alarm systems and methods for providing secure real-time...more

Legislative Developments in Post-Grant Proceedings

by Fish & Richardson on

Amidst a spate of high-profile IPR filings in the life sciences space by hedge fund financiers, the biotechnology industry has mobilized behind two chief legislative strategies designed to limit or eliminate its exposure to...more

Patent Venue Legislation Could Have A Dramatic Impact on Popular Patent Venues

by Foley & Lardner LLP on

This March, three United States Senators introduced the “Venue Equity and Non-Uniformity Elimination Act of 2016.” The bill would dramatically narrow the venue statute that applies to patent cases and, it appears, prevent...more

The VENUE Act -- A Last-Ditch Attempt at Patent Reform?

It has been some time since we have heard serious discussions about patent reform legislation from Congress. Sure, the Innovation Act (H.R. 9) is still pending in the House, and the Patent Act (S. 1137) is still pending in...more

Washington Insight - February 2016

by King & Spalding on

Further Observations From Campaign 2016 - With the first votes having been cast, former Governor Ehrlich shares his candid observations and predictions about the Democratic and Republican candidates’...more

Outlook for Patent Reform in 2016

by King & Spalding on

With the final session of the 114th Congress under way, the likelihood of Congress taking up and passing comprehensive patent litigation reform legislation becomes more and more remote. From a timing standpoint alone, the...more

Split Federal Circuit Upholds Constitutionality of Single PTAB Panels Rendering Both Institution & Final Written Decisions

by Foley & Lardner LLP on

On January 13, 2016, the Federal Circuit affirmed the decision of the PTAB in Ethicon Endo-Surgery, Inc. v. Covidien LP, IPR2013-00209, that all of the claims of U.S. Patent 8,317,070 are obvious. While the obviousness...more

Top Stories of 2015: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...more

BIO CEO: IPR System Threatens Medical Innovation

In an article published earlier this fall on Medium, Biotechnology Industry Organization (BIO) President and CEO Jim Greenwood urges Congress to modify the inter partes review (IPR) system, which he argues has "turn[ed] the...more

A Win for Kyle Bass’s Hedge Fund as the PTAB Dismisses Celgene’s Sanctions Motions

by Morrison & Foerster LLP on

The Patent Trial and Appeals Board (PTAB) dismissed Celgene Corporation’s (“Celgene”) motions for sanctions against the Coalition for Affordable Drugs (“the Coalition”). As we previously reported, the Coalition is an...more

Intellectual Property Newsletter - September/October 2015

by King & Spalding on

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

The Suddenly Offensive Claim of Patent Invalidity

by Thompson Coburn LLP on

At the heart of almost every claim of patent infringement is a battle fought over the validity of the patent at issue. Born out of the idea that an invalid patent cannot be infringed, accused infringers have defended...more

Summer is (Almost) Over & Congress is Back!

While summer isn’t officially over until September 22, for most here in the nation’s capital the vacations are nearly completed and it is back to work as Congress returns from the long August recess and Labor Day...more

Rep. Goodlatte Releases Report on H.R. 9

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

House Committee Advances Competing Patent Reform Legislation

by Morrison & Foerster LLP on

With yesterday’s House Judiciary Committee vote, there are now competing, and in some respects significantly different, patent reform proposals under serious consideration in the House and the Senate. Among the most important...more

Patent Pending: The Outlook for Patent Legislation in the 114th Congress

by King & Spalding on

The field of patent law is in a state of flux. Just four years after the America Invents Act (“AIA”) went into effect, Congress is taking up the issue once again, this time seeking to pass legislation to curb abusive patent...more

House Committee Advances Patent Reforms Aimed to Curb Patent Litigation Abuses

by White & Case LLP on

On June 11, 2015, the House Judiciary Committee voted 24-8 to approve the Innovation Act of 2015, a bill aimed to curb abusive litigation by so-called patent trolls. "Today in this committee, we are taking a pivotal step...more

July Congressional Agenda

After a weekend of fireworks, parades, and apple pie, Congress returns from the Independence Day recess this week with the Senate scheduled to be in session for five weeks and the House of Representatives in session for four...more

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