Patent Trolls Patent Litigation

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

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more

Three things you need to know about the latest patent reform legislation

This year, just as he did last year, Rep. Bob Goodlatte (R-Va), introduced his Innovation Act legislation aimed at stopping abusive patent troll litigation....more

Patent Litigation in 2014

A recent report shows interesting trends in US patent litigation: - 5,002 patent infringement cases were filed in the US in 2014, up from 2,641 filed in 2010; - Of those cases filed, the majority (61%) were...more

Judge Decides Motions In Limine In Nonpracticing Entity Case.

1. Defendant may not refer to plaintiff as a “patent troll” or reference “woodshedding.” It may however present evidence that plaintiff does not practice the patents-in-suit since that is relevant to damages....more

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

Patent Litigation and the Innovation Economy

Momentum over patent reform has waxed and waned over the past several years. Throughout, there has been a constant backdrop of concern about patent assertion entities (PAEs), which the Federal Trade Commission defines as...more

FTC Proposes Consent Order to Settle Charges Alleging Misrepresentations by Patent Assertion Entity

On November 6, 2014, the Federal Trade Commission proposed a consent order that would settle charges against a patent assertion entity, MPHJ Technology Investments, LLC (“MPHJ”), and a law firm that represented MPHJ....more

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by...more

Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?

Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the...more

Phased Discovery in Patent Litigation: A Powerful Tool Within the Existing Litigation Framework for Combating Actions by...

There is much debate over how to curtail patent litigation by non-practicing entities (“NPEs”). A NPE (sometimes referred to as a “Patent Troll”) is an individual or entity who typically accumulates patents not for the...more

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

Oklahoma's new defense in patent infringement lawsuits

A new Oklahoma law should give would-be plaintiffs pause before alleging abusive patent infringement claims. In May, Governor Fallin signed into law HB 2837, making Oklahoma one of 18 states to enact a state bill aimed at...more

States Have the Right to Protect Businesses Against NPEs

State of Vermont v. MPHJ Technology Investments, LLC; In re MPHJ Technology Investments, LLC - Addressing the issue of state efforts to reign in non-practicing entities, the U.S. Court of Appeals for the Federal...more

Five things patent trolls don’t want you to know about litigation

Patent trolls are not all the same. They have different tactics, different areas of expertise, and they can behave in very different ways in litigation. But they all want money. And they all do what they can to get as much of...more

United States: IP and Antitrust

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

Personal Audio No Longer Trolling Adam Carolla

Adam Carolla has reportedly settled the lawsuit that was filed against him by Personal Audio LLC. The Agreed Motion to Dismiss Claims is available for review, but the specific terms of the settlement have not been...more

Patent Trolls Laughing All the Way to the Bank

Invent something, patent it and watch your creative enterprise grow into an empire. That’s what inventors are supposed to do. Some of them still follow the rules. Others do not. Among the more unscrupulous are...more

Can Insurance Coverage Provide Meaningful Protection from Patent Trolls and Other Infringement Claims?

Notwithstanding two recent Supreme Court decisions making it easier to recover attorney’s fees from non-practicing entities (NPEs), or “patent trolls” as they are commonly known, insurers continue to market policies that...more

United States Court of Appeals Dismisses MPHJ Technology Investments Appeal

The United States Court of Appeals for the Federal Circuit, in Washington, D.C., has ?dismissed the appeal of MPHJ Technology Investments, LLC from an order of the United States District Court in Vermont that favored the...more

Progress Toward Comprehensive Patent Reform Stalls

On May 21, 2014, Senate Judiciary Committee Chairman Patrick Leahy (D-VT) announced that he was removing patent reform legislation from the Committee's agenda, effectively eliminating any chance for Senate consideration this...more

The Cost of Defending Against Patent Trolls

It should come as no surprise that defending against Non-Producing Entities—most of which are Patent Trolls —is expensive, especially for small businesses and corporations. In support of his ongoing legal battle with the...more

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

Patent Troll

The term “Patent Troll” evokes a certain characteristic storybook image. James Logan of Personal Audio, LLC may not be that gnarled green monster hiding under a bridge, but to many Podcasters he is a similarly threatening...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

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