News & Analysis as of

Infringement Non-Practicing Entities

Venable LLP

Preparing Your Company for Unpredictable, Inconsistent and Volatile IP Disputes - Potential for Abuse at the ITC

Venable LLP on

The US government promotes policies that protect IP rights. Patents and copyrights, for example, are so core to US policy that they are expressly discussed in article I of the US Constitution. And the US judiciary has long...more

Bradley Arant Boult Cummings LLP

Legislation Targeting Non-Practicing Entities (NPEs) Passes in House by Comfortable Margin

On Thursday, December 5, 2013, the U.S. House of Representatives approved the “Innovation Act” (H.R. 3309), a bill principally aimed at curtailing certain patent infringement litigation practices of non-practicing entities...more

Sheppard Mullin Richter & Hampton LLP

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

Bracewell LLP

Bad Faith Patent Litigation Is Bad News For Plaintiffs

Bracewell LLP on

Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must...more

Fenwick & West LLP

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

Fenwick & West LLP on

A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

Stinson LLP

Intellectual Property Alert: Massive Increase In "Patent Trolls" Elicits Legislative Recommendations And Executive Actions

Stinson LLP on

The Leonard, Street and Deinard patent litigation team helps clients on a daily basis to defend against and resolve threats of patent infringement by Patent Assertion Entities (PAEs, often referred to as "patent trolls")....more

Perkins Coie

Vermont Heightens Enforcement Efforts Against Patent Assertion Entities

Perkins Coie on

With two deft strokes, Vermont simultaneously increased the tools in its enforcement toolbox and dealt a significant blow to a well-known patent assertion entity (PAE)....more

King & Spalding

DISPUTE RESOLUTION: Intellectual Property: Non-Practicing Entities (Patent Trolls) Target Oil and Gas Companies

King & Spalding on

As the number of patent infringement lawsuits brought by Non-Practicing Entities (NPEs) has increased, oil and gas companies have increasingly become targets....more

Sheppard Mullin Richter & Hampton LLP

BONDing With NPE's - The requirement for security for costs or expenses under Section 1030 of the California Code of Civil...

A little used and often overlooked provision of the California Code of Civil Procedure recently played an important role in three recent cases brought by AF Holdings LLC, a foreign entity formed under the laws of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Winter 2013 - Volume 11, Issue 1

In This Issue: Federal Courts Debate Safe Harbor Exemption for Patent Infringement Under 35 U.S.C. § 271(e) Following Merck v. Integra; If I Prioritize Examination of My Application, Should the Patent Office?;...more

McDermott Will & Emery

IP Update, Vol. 16, No. 1, January 2013

McDermott Will & Emery on

IN THIS ISSUE: Patents - Federal Circuit Clarifies ITC Domestic Industry Requirement for Non-Practicing Entities; Permanent Injunctions on the Rise?; Sanctioned Parties in Exceptional Cases Continue to Get Fresh...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New Year Will See More Policing of Patent Conduct by US and EU Competition Agencies"

If recent events are any indication, U.S. and European antitrust agencies will remain focused this year on the intersection of intellectual property and competition law. In particular, the agencies have concluded that under...more

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