News & Analysis as of

Non-Practicing Entities Patents

Patent Invalidation Paves the Way for Automated Fare Collection Systems

by Holland & Knight LLP on

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

Emerging issues in the connected cars and autonomous vehicles market are influencing standard-essential patents and IP...

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells partner Celine Jimenez Crowson addresses the relationship between standard-essential patents (SEPs) and the connectivity technologies used in connected and autonomous vehicles...more

Hatch Hints At Changes To Patent Law

by Orrick - IP Landscape on

A Look Forward on Patent Reform, Senator Orrin Hatch, October 2, 2017 - Patent law reform legislation reminds us of a horror movie zombie: it’s never truly dead. A recent post from Utah Senator Orrin Hatch is the latest...more

GEMSA’s Patent Onslaught Against Cloud Computing Customers

by Shook, Hardy & Bacon L.L.P. on

Global Equity Management (SA) Pty. Ltd. (“GEMSA”), a foreign non-practicing entity (“NPE”) organized under the laws of Australia, filed almost 40 patent lawsuits in five batches in 2015 and 2016. The majority of these...more

Cloud Computing: A New Target for Uniloc

As Cloud IPQ will continue to demonstrate, a growing but often overlooked trend of NPE patent litigations against cloud computing providers and users has emerged in recent years. While many NPEs target big technology...more

Cloud Printing Companies in a Jam, Face Battle with Patent Trolls

Since 2013, Charles C. Freeny III, Bryan E. Freeny, and James P. Freeny (“the Freenys”) have filed more than 50 patent infringement cases, all in the Eastern District of Texas, against a variety of technology companies who...more

Sling TV Sued on Use of H.264 Standard in Streaming Media Services

While much of the attention on NPE patent litigation centers on the big technology players like Google and Apple, literally hundreds of other technology companies face these lawsuits, and more and more of that litigation...more

Protecting Against Patent Trolls

by Morgan Lewis on

Companies that hold patents so that they can sue companies in an effort to generate revenue rather than create their own goods and services—also known as “patent trolls,” nonpracticing entities (NPEs), or patent assertion...more

Intellectual Property Legislation Update: The Trade Protection Not Troll Protection Act of 2017

by Ropes & Gray LLP on

This past June, a group of U.S. Senators introduced the first patent-focused piece of legislation of the 115th Congress: the STRONGER Patents Act of 2017, which proposes a myriad of changes to the United States patent system....more

[Webinar] 2017 Litigation Update - June 14th, 12:00pm CT

by Brinks Gilson & Lione on

On Wednesday, June 14, 2017, at 12:00pm CT, the Litigation practice group will present the webinar, "2017 Litigation Update." Attorneys David P. Lindner, James K. Cleland, Alex J. Fernandez, and Andrew McElligott will present...more

Texas’ Loss is Delaware’s Gain: Navigating the Post-TC Heartland Landscape of Patent Litigation

by Womble Bond Dickinson on

On May 22, 2017, the U.S. Supreme Court disrupted nearly three decades of patent venue practice by reversing the Federal Circuit in TC Heartland v. Kraft Foods. The Supreme Court’s decision in TC Heartland significantly...more

ITC Opens the Door Wider To Non -Practicing Entities

by Dickinson Wright on

In a recent ruling, the International Trade Commission permitted a non-practicing entity to rely on the activities of its licensee to establish the “economic industry” prong of the domestic industry requirement. In...more

In Rare Final Written Decision for “Anti-Troll” Group, Lack of Expert Declaration Dooms Patent

by Knobbe Martens on

Petitioner Unified Patents, LLC filed an IPR petition challenging 29 claims of US Pat. No. 8,640,183 owned by Convergent Media Solutions, LLC. Unified’s numerous inter partes review (“IPR”) petitions rarely reach a final...more

The Fate of Patent Laches: SOL

by Stoel Rives LLP on

On Tuesday, the U.S. Supreme Court abolished a decades-old rule that allowed for application of the equitable defense of laches in patent cases. Until now, patent owners were required to justify filing suit after a period of...more

Finding of Exceptionality Leaves Unsuccessful Infringement Plaintiff Liable for Over $50 Million in Attorney Fees and Costs

Needless to say, a finding of exceptionality under 35 U.S.C. § 285 can have crippling consequences. Just ask Rembrandt Technologies, LP, which recently was slapped with an order to pay the prevailing defendants in a...more

NPE’s Warning Letters, In-Person Meeting with Accused Infringer, and Prior Lawsuits Are Sufficient To Establish Person...

by Brooks Kushman P.C. on

In a recent case applying the constitutional limits of personal jurisdiction in a declaratory judgment action filed by an accused patent infringement against a foreign non-practicing entity, the U.S. Court of Appeals for the...more

Sportbrain Sues Smartwatch Manufacturers, PTAB institutes IPR against Patent-in-Suit

by Knobbe Martens on

Sportbrain Holdings LLC (“Sportbrain”) is a company that was previously engaged in the business of selling fitness trackers. Sportbrain recently sued eight smartwatch manufacturers for alleged infringement of its U.S. Patent...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

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?

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

ITC Section 337 Update – August 2016

by King & Spalding on

DeLorme Seeks Certiorari Review Of Consent Order Penalty Based On Expired Patent — On July 13, 2016, DBN Holding, Inc. and BDN LLC (“DeLorme”) filed a petition for writ of certiorari to review a judgment of the United States...more

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

by McDermott Will & Emery on

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

Intellectual Property Newsletter - November/December 2015

by King & Spalding on

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....

by McDermott Will & Emery on

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

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

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