Patent Trolls Patent 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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Victims of Patent Trolls Get Re-Sharpened Weapon in their Defense

Fee-shifting in patent infringement suits has been authorized by statute since 1952, for application in “exceptional cases.” For the past nine years, that statute has not often been applied as a result of the Federal...more

SCOTUS Roundup: How were patent trolls affected?

While much of the attention this year has fallen on Congress and its now failed attempts to pass patent law reform, the U.S. Supreme Court may have quietly provided significant ammunition to those trying to curb abusive...more

New procedures, laws crack down on ‘patent trolls’

Q: There’ve been several stories lately about proposed laws intended to crack down on patent trolls. What is a patent troll? A: To understand what a patent troll is, it’s best to first understand what a patent really...more

Turning The Tide on “Trolls”

When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more

Patent Litigation Fee-Shifting

In April, the Supreme Court reshaped the patent litigation landscape with its Octane Fitness, LLC v. Icon Health & Fitness and Highmark, Inc v. Allcare Health Management System, Inc., rulings. The statute at issue in both...more

IP Buzz - June 2014

In this issue: - Patent Reform: It's Alive! - Nautilus: New Test, Same Application? - Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act - Alice Corp. v. CLS Bank:...more

Update!—New TN Law Concerning Patent Infringement Allegations

In recent years, state legislatures have attempted to pass legislation regarding patent law – an area that the U.S. Constitution states is exclusively governed by federal law. The stated goal behind many of these laws is to...more

Good News, Bad News and More Inflammatory Rhetoric in Myriad Genetics Case

While the rest of the patent world was focused on Supreme Court opinions (issued and pending) and Congressional action vel non on threats like patent trolls, the consolidated Multi District Litigation between Myriad Genetics...more

Weekly Update from the NC State House - June 2014: After giving its final approval to their version of the state budget just after...

Conflicting Budgets - After giving its final approval to their version of the state budget just after midnight Saturday morning, the Senate took a long weekend, not returning to Raleigh until Wednesday. The budget...more

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep). The Bill...more

High Court Nixes “Amorphous” Federal Circuit Indefiniteness Standard

The U.S. Supreme Court yesterday reversed long-standing Federal Circuit precedent, replacing the test used to determine whether a patent is indefinite with a new reasonable certainty standard (NAUTILUS, INC. v. BIOSIG...more

Anti-Patent Troll Legislation Moves Forward in North Carolina

Just over a week into the new session of the North Carolina General Assembly, legislation aimed at the abusive assertion of patent infringement claims by “patent trolls” may be gaining traction, with a bill apparently headed...more

Removal of Patent Troll Bill

Last Wednesday, May 21, the Senate Judiciary Committee removed a bill from their agenda that sought to protect companies against “patent trolls,” which are companies whose main business is to gather patents, threaten...more

Patent Reform Legislation Off The Table -- For Now

Earlier today, Senator Patrick Leahy (D-VT), Chairman of the Senate Committee on the Judiciary, announced that he was taking the Patent Transparency and Improvements Act of 2013 (S. 1720) off the Committee's agenda. He cited...more

Update on Anti-Patent-Troll Laws

Yesterday draft “anti-patent-troll” legislation was put forward in Washington. This is part of a ground swell of opposition to illegitimate patent demand letters from so-called patent assertion entities (PAEs), or “patent...more

Supreme Court Decisions on Award of Attorney Fees in Patent Cases

Two decisions of the U.S. Supreme Court on April 29, 2014 may have an impact on the “patent trolls” debate by changing the rules relating to the award of attorney fees to a winning party in litigation relating to patent...more

At Harness Dickey’s Urging, the Supreme Court Made it Easier to Get Attorney’s Fees in Patent Cases

Harness Dickey secured a landmark ruling for its client Octane Fitness, in a decision issued Tuesday by the United States Supreme Court that alters the legal standard for awarding attorney’s fees in patent cases. Octane...more

The U.S. Supreme Court Makes Effort to Provide Recourse Against Patent Trolls

There is traction for patent owners in the battle against patent trolls – another term for non-practicing entities (NPEs). As Congress continues to attempt to pass legislation to aid patent owners, the U.S. Supreme Court...more

Increased Supreme Court Focus on Patent Jurisprudence

In 2013, the Supreme Court decided three patent cases. By June of 2014, it is expected that there will have been six more decisions in patent cases. This week alone, there have been oral arguments heard or decisions released...more

Supreme Court Makes It Easier To Seek Sanctions For Frivolous Patent Suits

The Supreme Court issued decisions in two cases yesterday that will make it easier for defendants to seek sanctions against non-practicing entities or any other entity for abusive patent litigation. In Highmark Inc. v....more

Supreme Court Issues Two "High-Octane" Decisions to Address Abusive Patent Litigation Practices

Yesterday, the United States Supreme Court handed down two pivotal opinions redefining the standard for obtaining attorney's fees in patent cases. The opinions provide alleged infringers with the increased possibility of...more

Supreme Court Redefines Framework for Determining Whether a Patent Case is Exceptional and Warrants an Award of Attorney’s Fees

On April 29, 2014, the Supreme Court delivered much-anticipated decisions in the Octane and Highmark cases and redefined the framework for determining whether a patent lawsuit is “exceptional,” justifying an award of...more

Supreme Court Rulings Expected To Curb Meritless Patent Litigation

The U.S. Supreme Court rendered two decisions yesterday that should help curb meritless “patent troll” litigation. The decisions are particularly helpful to technology companies and large retail businesses that frequently...more

Two Supreme Court Decisions May Make Frivolous Patent Cases A Bad Bet

In two unanimous decisions handed down yesterday, the United States Supreme Court has offered some encouragement to defendants who choose to litigate against so-called patent trolls that the cost of doing so may be...more

High Octane Fuel for Curbing Abusive Patent Litigation

On April 29, the U.S. Supreme Court issued two landmark decisions that could curtail abusive patent practices implemented by "patent trolls" or non-practicing entities (NPE) by relaxing the legal standards for awarding...more

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