Patent Trolls Infringement

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 -
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Looking Upstream: Weighing Proposed Changes To Customer Stays In Patent Litigation*

At a time when congressional partisanship is the norm, curbing lawsuits filed by nonpracticing entities (NPEs) may be one of the few issues uniting Washington. Over the past year, both Republicans and Democrats introduced...more

December 2013: Japanese Litigation Update

Japanese Government Tightens Insider Trading Regulations. On June 12, 2013, the Japanese Diet passed an amendment to the Japanese Financial Instruments and Exchange Act, including enhancements of many insider trading...more

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

Scanner Patent Troll Update: Titans Finally Enter the Battle

If you are like thousands of small American businesses, you might have received a dubious “cease and desist” letter during recent months from an LLC with an odd name. The LLC’s name has six letters, the first and fourth of...more

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...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

Congress Continues Efforts to "Reform" U.S. Patent Law

It has been less than three months since the remaining provisions of the Leahy-Smith America Invents Act (AIA) took effect, and just short of five months since the AIA Technical Corrections Act was enacted to "correct and...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

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....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

IP Buzz - May 2013

In this issue: - Software Patents Put to the Test – a Bad Sign for Trolls? - Sowing the Seeds of Patent Infringement - FTC vs. POM Wonderful: Trench Warfare - Anything You Can Clean, I Can Clean...more

Patent Troll Receives Push Back

Over the past eight months, thousands of businesses across the United States received the same five-page letter from "The Licensing Team" of any one of 40 shell companies affiliated with MPHJ Technology Investments, LLC...more

DISPUTE RESOLUTION: Intellectual Property: Non-Practicing Entities (Patent Trolls) Target Oil and Gas Companies

As the number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has increased, oil and gas companies have increasingly become targets....more

Don’t Be Bullied by a Patent Troll

One of our favorite stories growing up was the “Three Billy Goats Gruff,” the main character of which is a terrible troll who lived under a bridge. The troll tried to terrorize and eat three goats who just wanted to cross a...more

Today’s “Troll,” Tomorrow’s Client

Reporter Ashby Jones of The Wall Street Journal this week highlighted a controversy surrounding a long-standing practice to leverage the profitability of patents regardless of how or whether those patents are being used by...more

Can An “Anti-Patent Troll” Be a Monopsonist or a Section 1 Conspirator?

A recent interesting case suggests that “anti-patent trolls” may in theory face antitrust liability. In Cascades Computer Innovation LLC v. RPX Corp., 2013 U.S. Dist. LEXIS 10526 (N.D. Cal. Jan. 24, 2013), Judge Yvonne...more

Apple Loses First 'Big' Case to MobileMedia, Lawyer Says [Video]

Jan. 29 (Bloomberg) -- Steven Bauer, Co-Head of the Patent Law Group at Proskauer Rose LLP, talks about his representation of patent-licensing firm MobileMedia Ideas LLC in its recent infringement case against Apple Inc. The...more

The SHIELD Act: A Significant Step in the War Against Patent Trolls

In an attempt to combat the growing proliferation of “patent trolls”, two U.S. congressmen have recently introduced a bipartisan bill that would make it significantly easier for a prevailing defendant in a patent infringement...more

The rise of patent lawsuits in the mobile payments arena

Originally published in E-Finance & Payments Law & Policy - May 2012. Companies large and small are rushing to develop new products and technologies to net their share of the $1 trillion of projected value in mobile...more

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