News & Analysis as of September 20, 2024

America Invents Act › Non-Practicing Entities

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on 1/29/2019

Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on 2/10/2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2016

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

Intellectual Property Newsletter - November/December 2015

King & Spalding on 12/31/2015

The State of Patent Law: The Interplay of Recent, Pending, and Proposed Changes - Recent developments in the field of patent law have given weight to the old adage that the only thing that is constant is change. Enacted...more

Preemption Challenge to State Demand-Letter Regulations Confers Jurisdiction Under Post-AIA 35 U.S.C. § 1295(a)(1) - Vermont v....

McDermott Will & Emery on 11/3/2015

Addressing jurisdictional issues, the U.S. Court of Appeals for the Federal Circuit relied on post-AIA 35 U.S.C. § 1295(a)(1) to exercise, for the first time, jurisdiction over an appeal in which only a counterclaim arose...more

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

McDonnell Boehnen Hulbert & Berghoff LLP on 10/29/2015

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

Federal Circuit Affirms Unpatentability in Much Anticipated First Review of CBM Decision

Polsinelli on 7/17/2015

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM...more

The Status of Business Method Patents

Carlton Fields on 6/25/2015

Business method patents have a checkered history. They were once very much in vogue—numerous such patents issued, and many of them were litigated. Then, about two years ago, Congress enacted a special procedure that made it...more

Newsflash, Politico: ‘Patent Death Squad’ Alive and Well

Mintz - Intellectual Property Viewpoints on 6/25/2015

Politico, the popular political journalism publication, recently ran the story “Patent Reform Advocates: PTO Process Not Patent ‘Death Squad.’” The story was based on a blog post by patent reform advocate Unified Patents. ...more

The Year Ahead in Patent Law - 2015

Goodwin on 1/23/2015

With the advent of the America Invents Act (AIA), public perception of frivolous patent litigation, frequently surrounding cases filed by non-practicing entities (NPEs), has received increasing legislative attention. Although...more

Inter Partes Review: Lessons Learned and Emerging Trends

Latham & Watkins LLP on 11/19/2014

Introduced by the America Invents Act (AIA), Inter Partes Review (IPR) first became available on September 16, 2012. “IPRs have really taken off and filings have increased over time as more and more people consider how useful...more

Docs @ BIO -- Federal District Court vs. the PTAB

McDonnell Boehnen Hulbert & Berghoff LLP on 6/27/2014

Yesterday, BIO 2014 presented a session entitled "Navigating Patent Challenges Under the America Invents Act" during which the presenters analyzed the differences between patent challenges in Federal District Court and before...more

The GAO Issues a Report on Patent Litigation Trends -- It Turns Out that the Sky Is Not Falling

McDonnell Boehnen Hulbert & Berghoff LLP on 8/30/2013

As we have previously reported, the patent system is under attack, and has been for quite some time. Generally, these attacks either begin with the assumption that the patent system is "broken," or that conclusion is reached...more

Intellectual Property Bulletin - Spring 2013

Fenwick & West LLP on 6/21/2013

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

White House Proposes Measures to Deter Frivolous U.S. Patent Troll Litigation and Improve Patent Quality

Bennett Jones LLP on 6/10/2013

On June 4, 2013, United States President Barack Obama announced in a White House press release, five executive actions and seven legislative recommendations aimed at deterring frivolous patent litigation and ensuring the...more

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America Invents Act › Non-Practicing Entities

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