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