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Patent Litigation Patent Assertion Entities

Kilpatrick

5 Key Takeaways - Patent Disputes: Bringing, Financing, and Fighting Big Cases

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Kilpatrick partner Mitch Stockwell recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Patent Disputes: Bringing, Financing, and Fighting Big Cases.” Mr. Stockwell explored both the...more

Fenwick & West LLP

Federal Circuit Denies Request to Block Disclosure of Litigation Funding Information

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Patent assertion entities make up a significant portion of patent litigation practice today. Many of these entities form just days or weeks before acquiring a patent and filing a complaint. Just as often, these entities’...more

Kidon IP

Patent Demand Letters - Immediate Steps You Can Take (Part 3)

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This article is the next piece of my series discussing patent demand letters. Part one, reviewed the initial considerations and steps one should make upon receiving a patent demand letter. Part two explored the subject or...more

Farella Braun + Martel LLP

Monetizing University Patent Portfolios During the Economic Downturn

Colleges and universities may be leaving money on the table with under-utilized patent portfolios. The time is right, as the law has shifted in favor of patent owners, both in inter partes review litigation before the Patent...more

Farella Braun + Martel LLP

Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn

The COVID-19 pandemic and widespread shelter-in-place orders have hit every corner of the country’s economy, including tech companies of all sizes. Many tech companies have traditionally maintained large patent portfolios to...more

Jones Day

ITC Allows Respondent to Amend Response to Complaint to Include Defense of Inequitable Conduct

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In a recently issued order, Chief ALJ Bullock granted Respondent’s motion to amend its Response to the Complaint almost nine months after the investigation had been instituted to include the defense of inequitable conduct in...more

Sheppard Mullin Richter & Hampton LLP

Caution to Game Companies: PTAB Continues to Preclude PTAB Challenges That It Views As Untimely

In a proceeding that included Patent Office Director Andrei Iancu on the panel, the PTAB issued an order this past week denying institution of 3 IPRs filed by Valve. The decision demonstrates that the PTAB continues to...more

Smart & Biggar

Year-end Round-up: Notable Canadian Patent Cases of 2018

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Earlier this month we published an exhaustive review of the life sciences and regulatory cases in the Canadian courts, and decisions on the merits for the year are summarized in our in our Rx IP Update 2018 Highlights in...more

Mintz - Intellectual Property Viewpoints

Patent Infringement Claim Involving Complicated Technology May Require Additional Detail in Complaint

A recent opinion from the Northern District of Texas is a reminder to all patent practitioners to heed pleading standards when drafting a complaint for patent infringement. In Lexington Luminance LLC v. Service Lighting and...more

WilmerHale

Supreme Court Vacates Federal Circuit Decision Defining the Scope of CBM Review

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On May 14, 2018, the Supreme Court granted WilmerHale client PNC Bank National Association's (PNC Bank) petition for writ of certiorari and vacated a decision of the US Court of Appeals for the Federal Circuit restricting the...more

Jones Day

ITC Affirms Termination of Investigation Based on Expiration of Patent

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The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more

Morgan Lewis

Protecting Against Patent Trolls

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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

Morrison & Foerster LLP - MoFo@ITC

Interplay Between Inter Partes Reviews (IPRs) and ITC Section 337 Proceedings

Since the passage of the America Invents Act (“AIA”) in 2011, Inter Partes Reviews (“IPRs”) before the Patent Trial and Appeal Board (“PTAB”) have assumed growing importance in patent litigation in federal district courts. ...more

Bass, Berry & Sims PLC

U.S. Supreme Court Upends Nearly 30 Years of Patent Venue Law

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Yesterday, the U.S. Supreme Court issued its much-anticipated decision in TC Heartland LLC v. Kraft Foods Group Brands LLC officially reinstating a more restrictive standard for where patent holders can file patent...more

Snell & Wilmer

Unanimous Supreme Court Decision Limits Venue in Patent Infringement Suits

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In yet another unanimous intellectual property decision, the United States Supreme Court recently held in TC Heartland LLC v. Kraft Foods Group Brands LLC that “reside,” as used in the patent venue statute, 28 U.S.C. §...more

Foley & Lardner LLP

The Supreme Court Reverses Decades-Old Venue Precedent and Re-affirms Fourco

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Setting up a major shift in patent litigation, the Supreme Court in T.C. Heartland LLC v. Kraft Foods Group Brands LLC, today rejected the long-standing Federal Circuit precedent of VE Holding Corp. v. Johnson Gas Appliance...more

Robins Kaplan LLP

[Webinar] Best Patent Practices in a Transforming Environment | Part II: Evolving Strategies for Patent Enforcement and Licensing...

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Today’s patent practice is rapidly transforming. The practice is undergoing sea changes in patent eligibility, enforcement strategies, and damages. Now more than ever, innovative companies need to adopt best practices to...more

McDermott Will & Emery

FTC Report on Patent Assertion Entities Recommends Patent Litigation Reform

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On October 6, the Federal Trade Commission (FTC) released its report on patent assertion entity (PAE) activity. The report is the result of research that began in September 2014 to address a gap in the agency’s understanding...more

Morgan Lewis

Update: Patent Trolls Are Targeting the Energy Industry

Morgan Lewis on

New data shows a sharp increase in the number of patent troll lawsuits being filed against energy companies in 2015. As we predicted in our March 2014 White Paper, “Are Patent Trolls Now Targeting the Energy...more

Kelley Drye & Warren LLP

Federal Judge Permits MPHJ’s Suit Challenging Vermont’s Bad Faith Patent Demand Letter Law To Proceed

We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more

CMCP - California Minority Counsel Program

SCOTUS Tightens Patent Standards for Computer-Implemented Inventions

At a time when patent application filings and litigation proceedings for computer-implemented inventions have reached all-time highs, this summer the U.S. Supreme Court issued a highly anticipated opinion addressing the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

Levenfeld Pearlstein, LLC

A Supreme Court Doubleheader

On Tuesday, April 29, the US Supreme Court handed down two unanimous decisions that could have far-reaching consequences for parties in patent litigation. The cases both deal with fee-shifting, which is when a prevailing...more

Goodwin

House Passes Patent Reform Legislation

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The U.S. Congress continues to focus on patent reform legislation with House passage of the Innovation Act, a bill primarily addressing the conduct of patent litigation. While much attention has been paid to litigation...more

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