Patent Trolls

Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often,... more +
Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often, patent trolls exist solely to aggregate and litigate patents. Many in the technology industry claim that patent trolls stifle innovation and have urged Congress to combat these practices by passing comprehensive patent reform. less -
News & Analysis as of

Post-Grant Review Roils Patent Litigation Waters

The America Invents Act (AIA) has had a profound impact on patent litigation, particularly surrounding inter partes and other post-grant proceedings. Below, Manish K. Mehta, who handles patent litigation across an array of...more

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

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

In re TC Heartland (Fed. Cir. 2016)

"You Can Arrange the Menu, the Venue, the Seating" The above slightly-modified quote is from a lyric sung by Thomas Jefferson in the Tony-award nominated musical "Hamilton" (with apologies to Lin Manual Miranda) -- the...more

The Fantastical World of Justice Stephen Breyer

In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that "[t]hree...more

Finance Deadline Week/One Month and Counting

Midnight Thursday marked the deadline for all finance bills to make their way through their respective chambers before today’s Passover Break. Omnibus Budget Bills - By the end of the week, the House combined eight...more

"After Period of High Invalidation Rates, New US Patent Challenge Procedures May Slow Down to Moderate Pace"

When the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB) began hearing post-issuance patent challenge proceedings under the America Invents Act in September 2012, the PTAB became one of the...more

ITC Section 337 Update – April 2016

Legislation Introduced to Amend Section 337 – On March 22, 2016, Representatives Cárdenas (D-CA) and Farenthold (R-TX) introduced the “Trade Protection Not Troll Protection Act,” which amends Section 337 with respect to,...more

LARPing with Patent Trolls

Live Action Role Playing (LARP or LARPing) usually involves Renaissance Festival worthy costumes, foam medieval weapons, and an intense dedication to not breaking character.  I can’t say I’ve ever had the privilege of...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

Forum Shopping in Patent Litigation

This month, both the Federal Circuit and the Senate Judiciary Committee took up the issue of “forum shopping” in patent infringement suits. Right now, a patent plaintiff can essentially file suit in the district court of its...more

5 ugly truths about patent litigation

Like the namesake for this blog, goats (despite the Internet’s recent affection for them) can be stubborn, less than attractive animals. And along with the horns, beards, and googly eyes, they can pack a mean punch if you...more

Trolls – Mythological, And The Real Kind

As I post this, it is St. Patrick’s Day, a day to celebrate all things Irish. As part of the celebration, I pass down to my daughters some of the Irish folklore I learned from my parents and grandparents, including stories...more

Patent Troll Watch - States Are Pushing Patent Trolls Away from the Legal Line

Oregon enacts statute to make improper patent license demands a violation of its unlawful trade practices law - In March 2013, Senate Bill 1540 was signed into law by the governor of Oregon. The law makes patent...more

What is a Patent Troll and Why are you Always Hearing about Them?

The term “Patent Troll” has been around for a long time. According to the Wikipedia page for “Patent Troll,” it was first used in 1993 to describe countries that file aggressive patent lawsuits. Though there are a variety of...more

Patent Trolls – What’s the Verdict? A Look at the Impact of the Apple Case

In what is potentially the largest “patent troll” verdict in history, Apple has lost a $625 million patent jury award to VirnetX, according to Reuters news service. The jury verdict in the Eastern District of Texas includes...more

Policing Your Trademark — How Far Is Far Enough?

Trademark owners and practitioners must tread a fine line between overly aggressive “bullying” and lax enforcement efforts that may result in consumer confusion, lost profits and goodwill, and claims of abandonment. Here are...more

Popular Fantasy Football Draft Companies In Lawsuit Over Patent Infringement

Anyone who knows about fantasy leagues—or watches any professional or collegiate games—has undoubtedly heard of DraftKings and FanDuel. Both companies offer a Daily Fantasy Sports (“DFS”) gaming website that allows people to...more

Are the Patent Trolls Vulnerable to Antitrust Claims?

We previously wrote about the nascent efforts of legislators, regulators, and representa­tives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more

Retail and Consumer Products Law Roundup - January 2016

Eye on the Courts: IP Cases for Retailers to Note - Why it matters - Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...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

A Snapshot of University Patent Litigation

As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer organizations in particular have increased their filings...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

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

Congress Introduces New Legislation To Halt Patent Trolling

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

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