News & Analysis as of

Non-Practicing Entities United States Patent and Trademark Office

McDonnell Boehnen Hulbert & Berghoff LLP

The DOJ and PTO’s trial balloon on patent injunctions

Almost two decades ago the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century: eBay v. MercExchange. The eBay case has had the effect of precluding prevailing...more

Ballard Spahr LLP

Government Signals Potential Shift Toward Preliminary Injunctions in Patent Infringement Cases

Ballard Spahr LLP on

In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more

Fenwick & West LLP

Reassessing Irreparable Harm: Are Injunctions Making a Comeback?

Fenwick & West LLP on

In an unusual move, the U.S. Department of Justice and U.S. Patent and Trademark Office submitted a “Statement of Interest” this week in a pending patent case in the Eastern District of Texas—sharing “views” on whether...more

BakerHostetler

Irreparable Harm Reimagined: The Government’s Patent Intervention in East Texas

BakerHostetler on

In a bold and unusual move, the DOJ’s Antitrust Division and the USPTO have jointly filed a Statement of Interest in a patent case – not before the Supreme Court or Federal Circuit, but in a district court in East Texas. The...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2023 ITC Section 337 Year in Review: Analysis & Trends: Rule and Procedural Developments at the ITC in 2023

2023 was a calm year for the International Trade Commission (“ITC”) with no revisions to the USITC Rules & Procedures.1 And while the number of Section 337 complaints filed experienced a three-year low, administrative law...more

Knobbe Martens

Big Picture on Software Patent Eligibility: The Forces at Work

Knobbe Martens on

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

Hogan Lovells

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

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

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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

Carlton Fields

The Status of Business Method Patents

Carlton Fields on

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

Mintz - Intellectual Property Viewpoints

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

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

Latham & Watkins LLP

Inter Partes Review: Lessons Learned and Emerging Trends

Latham & Watkins LLP on

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

Perkins Coie

United States: IP and Antitrust

Perkins Coie on

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

Foley & Lardner LLP

White House Announces Initiatives Against Patent Trolls

Foley & Lardner LLP on

On June 4, 2013, the White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative recommendations “designed to protect...more

Orrick, Herrington & Sutcliffe LLP

President Obama, Judge Rader, and Patent Trolls

President Obama and the Chief Judge of the Federal Circuit struck a one-two punch in the fight against patent trolls this week....more

Bracewell LLP

Beyond Trolling the Trolls: White House Acts to Curb Abuse by Patent Assertion Entities

Bracewell LLP on

Earlier this year, President Obama addressed frivolous patent suits in a Google+ hangout session, commenting that Patent Assertion Entities (PAEs) "don't actually produce anything themselves" and assert patents "to...more

Levenfeld Pearlstein, LLC

The Obama Administration Hops On The Anti-Troll Bandwagon

On June 4, the Obama administration issued a press release announcing several legislative and executive initiatives aimed at reducing abusive litigation by Patent Assertion Entities (PAEs), otherwise known as patent “trolls.”...more

McDonnell Boehnen Hulbert & Berghoff LLP

"When the Patent System is Attacked!" -- The White House Task Force on High-Tech Patent Issues

On February 14, 2013, President Obama stated in reference to non-practicing Patent Assertion Entities ("PAEs") (aka "Patent Trolls") "they don't actually produce anything themselves. ...more

Foley & Lardner LLP

White House Issues Executive Actions and Legislative Recommendations for High-Tech Patent Issues

Foley & Lardner LLP on

On June 4, 2013, the White House issued a press release through the Office of the Press Secretary identifying five executive actions and seven legislative recommendations primarily directed at reducing or discouraging the...more

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