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Patent Trolls › Patent Litigation › Patent Reform

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 -
Foley & Lardner LLP

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

Foley & Lardner LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

The VENUE Act -- A Last-Ditch Attempt at Patent Reform?

McDonnell Boehnen Hulbert & Berghoff LLP on

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

King & Spalding

Patent Litigation Reform Legislation: State of Play

King & Spalding on

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

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

McDonnell Boehnen Hulbert & Berghoff LLP

More Misinformation Regarding the Patent System and Non-Practicing Entities

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Fenwick & West LLP

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

Fenwick & West LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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

King & Spalding

Progress Toward Comprehensive Patent Reform Stalls

King & Spalding on

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

Winstead PC

The Cost of Defending Against Patent Trolls

Winstead PC on

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

Winstead PC

Carolla Going after the Patent Trolls

Winstead PC on

Adam Carolla continues his battle against the patent troll, Personal Audio, LLC. So far, Carolla has spent more than $450,000 in attorney fees. The result? There has been enough discovery for Carolla to determine that...more

Eversheds Sutherland (US) LLP

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Eversheds Sutherland (US) LLP on

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Reform Legislation Off The Table -- For Now

McDonnell Boehnen Hulbert & Berghoff LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

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In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

“Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us

McDonnell Boehnen Hulbert & Berghoff LLP on

Both Congress and the White House have been actively pursuing patent litigation reform in an attempt to combat the perceived “patent troll” problem. Of course, any legislation will impact all patent holders, even though most...more

JD Supra Perspectives

Two Recent Supreme Court Decisions On Awarding Attorney Fees May Impact ‘Patent Trolls’ Debate

JD Supra Perspectives on

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

McAfee & Taft

Down the rabbit hole: Alice case chases the elusive white rabbit of patent reform

McAfee & Taft on

Patent trolls — non-practicing entities best known for threatening expensive patent litigation in order to collect licensing fees from accused infringers — are a well-documented problem. Measures aimed at reforming patent...more

Bond Schoeneck & King PLLC

New York Attorney General’s “Groundbreaking Settlement” with a “Patent Troll” and the Broader Implications of the “Guidelines for...

Bond Schoeneck & King PLLC on

Earlier this month, New York’s Attorney General Eric Schneiderman announced a “groundbreaking settlement” agreement with MPHJ Technology Investments, LLC (“MPHJ”), a company many (including the Mr. Schneiderman) deem a...more

Orrick, Herrington & Sutcliffe LLP

Patent Issues Remain a Priority for the White House

Orrick, Herrington & Sutcliffe LLP on

On February 20, 2014, the White House hosted an event "highlight[ing] progress on the [Obama] Administration's patent policy agenda." Orrick intellectual property attorney Wesley Helmholz attended the event at the White...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): “Patent Trolls” Beware –...

McDonnell Boehnen Hulbert & Berghoff LLP on

If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more

McDonnell Boehnen Hulbert & Berghoff LLP

More Q&A from Webinar on Top Patent Law Stories of 2013

McDonnell Boehnen Hulbert & Berghoff LLP on

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

Morrison & Foerster LLP

An NPE Settles with New York, Sues FTC

Morrison & Foerster LLP on

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

Goodwin

House Passes Patent Reform Legislation

Goodwin on

The U.S. Congress continues to focus on patent reform legislation with House passage of the Innovation Act, a bill primarily addressing the conduct of patent litigation. While much attention has been paid to litigation...more

McDonnell Boehnen Hulbert & Berghoff LLP

Reaction to the Passage of the Innovation Act (H.R. 3309)

McDonnell Boehnen Hulbert & Berghoff LLP on

As we reported last week, the House of Representatives passed H.R. 3309, the Innovation Act, by on overwhelming margin. A copy of the final bill can be found here. The next step is consideration by the U.S. Senate, where on...more

McDonnell Boehnen Hulbert & Berghoff LLP

House Passes H.R. 3309 (Innovation Act) -- Updated

McDonnell Boehnen Hulbert & Berghoff LLP on

The House of Representatives earlier today passed H.R. 3309, the Innovation Act, by a 325 - 91 vote. Before voting on the bill, the House spent several hours debating and voting on a number of amendments. Other than a...more

Ballard Spahr LLP

Patent Litigation Reform Bill Passes U.S. House

Ballard Spahr LLP on

Congress continues to explore ways to address the explosion of flimsy patent litigation claims by so-called non-practicing entities. On December 5, 2013, the Innovation Act (H.R. 3309) was approved by the House of...more

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