When the PTAB Attacks! -
In the past few years, the public's perception of the patent system in the United States has been at a low point. One of the causes of this lack of confidence in the system has been the increase...more
On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed the Federal Circuit and held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State...more
Next week, on Monday March 27, the Supreme Court will hear oral arguments in the TC Heartland LLC v. Kraft Foods Group Brands LLC case. This case involves the interpretation of the current patent venue statute. And while...more
In the past few years, the Supreme Court has been single-handedly tackling the so-called Patent Troll problem. Sure, in that time, the President and Congress have made Patent Trolls a focus of their agendas, and have...more
"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
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
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
10/20/2015
/ Abuse of Process ,
Attorney's Fees ,
Bad Faith ,
Certiorari ,
Corporate Counsel ,
Enhanced Penalties ,
Intellectual Property Protection ,
Non-Practicing Entities ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patent Trolls ,
Patents ,
SCOTUS ,
Willful Infringement
Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more
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
12/19/2014
/ CLS Bank v Alice Corp ,
Covered Business Method Patents ,
Nautilus Inc. v. Biosig Instruments ,
Non-Practicing Entities ,
Obviousness ,
Octane Fitness v. ICON ,
Patent Litigation ,
Patent Reform ,
Patent Trial and Appeal Board ,
Patent Trolls ,
Patents ,
SCOTUS ,
Software
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
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
10/15/2014
/ Claim Construction ,
De Novo Standard of Review ,
Facebook ,
Google ,
Intel ,
Non-Practicing Entities ,
Patent Assertion Entities ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Teva v Sandoz ,
Verizon
U.S. Representative Lee Terry (R-NE) opened a recent subcommittee meeting by quoting Thomas Edison: "The most certain way to succeed is to try one more time." The occasion was the meeting of the House's Energy and Commerce...more
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
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
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
In two closely watched cases, the Supreme Court yesterday issued its opinions in Octane Fitness, LLC v. ICON Health & Fitness, Inc. (Supreme Court docket number 12-1184) and Highmark Inc. v. Allcare Health Mgmt. Sys., Inc....more
The Senate Committee on the Judiciary was set to consider the Patent Transparency and Improvements Act of 2013 (S. 1720) earlier today during an Executive Business Meeting. Instead, the Committee again tabled the bill, this...more
In what turned out not to be an April Fools' Day joke, Senator Charles Schumer (at right) of New York participated earlier today in a Google+ Hangout sponsored by the Internet Association. According to their website, this...more
Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was considered, then held over for another week. Nevertheless, several members of...more
On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more
Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more
In This Issue:
Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more
In less than two weeks, the Supreme Court will hear arguments in two cases involving the Attorney Fees provision of 35 U.S.C. § 285. Both of these cases have garnered a lot of attention from the patent community, because...more
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
It may come as no surprise, but on Tuesday, January 28, 2014, President Obama highlighted innovation and the patent system during his State of the Union address...more