Patent Reform Patents

News & Analysis as of

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

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

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

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

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

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

Possibility of More Reform Spurs Increase in Patent Case Filings

Lex Machina’s Spring 2015 Patent Case Filing Trends: "Patent case filings have been generally higher in the first five months of 2015 than in the last 8 months of 2014. May of 2015 had the most patent cases filed on any...more

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

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

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

House Committee Passes Innovation Act – Medical Device Group Expresses Opposition

The Innovation Act (H.R. 9), a patent reform bill introduced this congressional session, received bipartisan support in a 24-8 positive vote by the House Judiciary Committee on June 11, 2015. The bill is now scheduled to...more

Innovators Beware! Patent Reform Creates the New “Anti-Patent” Troll

Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls. These started with the America Invents Act of 2011 and have been followed by the Patent Law...more

An Overview, A Summary And An Update To The Latest Patent Reform

Just four years ago in 2011, President Obama signed the America Invents Act (AIA) into law. Since the enactment of the AIA, there has continued to be steady pressure for further reform. In 2013, the Innovation Act was...more

New USPTO Expedited Patent Appeal Pilot Program

On June 15, 2015, the United States Patent and Trademark Office (“USPTO”) issued Notice in the Federal Register announcing a new pilot program, the Expedited Patent Appeal Pilot. Under the program an appellant may have an ex...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

A Sea Change for IPRs? Late-Breaking Section 11 Regarding IPRs Part of the PATENT Act Approved by Senate Judiciary Committee

As reported here last week, the Senate Judiciary Committee passed the PATENT Act bill, with a Managers Amendment that includes several IPR-specific provisions. With this Amendment, the PATENT Act now has two major...more

Patent Reform Heads to the Senate Floor

Yesterday, the Senate Judiciary Committee voted 16-4 to send an amended version of S. 1137, the Protecting American Talent and Entrepreneurship (PATENT) Act, to the full Senate for debate. The PATENT Act is this year’s...more

Senate Judiciary Committee Passes PATENT Act

The Senate Judiciary Committee passed the Protecting American Talent and Entrepreneurship Act (S. 1137, otherwise known as the PATENT Act) yesterday on a vote of 12-4, with Senators Grassley (R-IA), Hatch (R-UT), Sessions...more

“Limitations”, “Elements” And Bears, Oh My!

Patent claims have “limitations.” Accused infringing products have “elements.” A patent owner may argue that patent claim “limitations” read onto “elements” of an accused infringing product. The Federal Circuit, sitting en...more

Patent Litigation Reform Legislation: State of Play

On April 29, Senate Judiciary Committee Chairman Charles Grassley (R-IA), along with fellow Committee members Orrin Hatch (R-UT), John Cornyn (R-TX), Mike Lee (R-UT), Patrick Leahy (D-VT), Chuck Schumer (D-NY), and Amy...more

Group of National and State Organizations Asks Congress to Enact Legislative Reforms to Maintain Strong Patent System

Last month, more than 90 national and state advocacy organizations sent a letter to the leadership of the House and Senate Judiciary Committees, urging Congress to enact legislative reforms that will maintain a strong and...more

The PATENT Act in Its Infancy

The Senate Judiciary Committee members introduced the bipartisan Protecting American Talent and Entrepreneurship Act of 2015 (the PATENT Act) on April 29, 2015, aimed at curbing abusive patent practices and litigation. The...more

Does the Supreme Court’s latest move further obviate patent reform efforts?

One of the key components of patent reform has been increased disclosure requirements for patent complaints. Patent infringement defendants have long derided the sparsity of information provided by patent infringement...more

Patent Litigation Report Raises Questions

A recent publication by PricewaterhouseCoopers announced that patent suit filings in 2014 had reduced by 13% from the prior year, and concluded that this "dramatic shift" was "[d]riven by Alice Corp. v. CLS Bank, which raised...more

Who Wins With Google's New Patent Marketplace (Other Than Google)?

There’s something off about Google’s Patent Purchase Promotion....more

Does there need to be patent reform?

Regular readers know I am a fan of Last Week Tonight with John Oliver. The show has done multiple segments relevant to our topics of discussion. They recently did a segment on patent reform....more

A Summary of 2015’s Proposed Patent Reform Legislation

This year’s debate on federal patent reform has begun in earnest. Last Friday, the White House expressed its support for the leading Senate bill, the Protecting American Talent and Entrepreneurship (PATENT) Act (S. 1137), and...more

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