News & Analysis as of

Patent Trolls

Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often,... more +
Patent Troll is a pejorative term used to describe persons or entities who aggresively assert patent ownership rights and typically do not manufacture or make use of the underlying patented inventions. Often, patent trolls exist solely to aggregate and litigate patents. Many in the technology industry claim that patent trolls stifle innovation and have urged Congress to combat these practices by passing comprehensive patent reform. less -
McDonnell Boehnen Hulbert & Berghoff LLP

Tinnus Enterprises, LLC v. Telebrands Corp. (Fed. Cir. 2018)

When the PTAB Attacks! - In the past few years, the public's perception of the patent system in the United States has been at a low point. One of the causes of this lack of confidence in the system has been the increase...more

Shook, Hardy & Bacon L.L.P.

Cloud Computing Patent Litigation Trends – Competitor Cases, Open Source Targets, Cloud Customers

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

Since launching Cloud IPQ last year, we have focused on the intersection of cloud computing and intellectual property with a particular emphasis on the increasing number of patent lawsuits filed against cloud computing...more

Fenwick & West LLP

SCOTUS Upholds IPRs as Constitutional, May Leave Opening for Challenges to Certain IPRs

by Fenwick & West LLP on

Is inter partes review of a patent grant compatible with Article III and the Seventh Amendment? That was the question presented in Oil States Energy Services v. Greene’s Energy Group, and the U.S. Supreme Court this week...more

WilmerHale

In Case You Missed It: Launch Links - April, 2018 #2

by WilmerHale on

Some interesting links we found across the web this week: You’ve Signed a Term Sheet for Your First Equity Financing. Congratulations!...Now What? - Most startup founders are searching for a financing from the inception...more

Smart & Biggar

The Trolls have arrived: Suspicious trademark applications on the rise

by Smart & Biggar on

In the wake of the 2014 announcement that the Canadian Trademarks Act would undergo significant overhaul, there was much speculation about how the changes would impact the behaviour of those filing trademark applications in...more

GableGotwals

Legal Perspective: TC Heartland: Patent trolls lose Texas court venue advantage

by GableGotwals on

As a patent owner, deciding where to sue an alleged infringer is a matter of major strategic importance. Federal law mandates that all patent infringement cases be filed in federal court. There are 94 different federal...more

WilmerHale

In Case You Missed It: Launch Links - February, 2018 #3

by WilmerHale on

Some interesting links we found across the web this week: How to give your startup the right mission statement - Your company’s mission statement will help a successful pitch to investors. ...more

Wilson Elser

The Hub: Transportation News & Insights - December 2017

by Wilson Elser on

Patent Trolls and Transportation Companies - Even though courts and legislatures balance the tactics of the patent trolls, every transportation or logistics company needs to be wise and aware of the risks it faces when...more

Robinson & Cole LLP

IP+T Intelligence Newsletter - December 2017

by Robinson & Cole LLP on

If you own trademark registrations in the United States, you are required to make certain filings with the U.S. Patent and Trademark Office (PTO) to keep your trademark registration(s) alive. In particular, prior to the sixth...more

McDonnell Boehnen Hulbert & Berghoff LLP

Financial Times to "the Patent Troll Narrative" -- Much Ado About Nothing

On October 16, 2017, the Financial Times (London) published an article by Rana Foroohar entitled "Big Tech vs. Big Pharma: the battle over US patent protection." If the article can be encapsulated in a word, that word would...more

Orrick - IP Landscape

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

Snell & Wilmer

Fighting Patent Trolls

by Snell & Wilmer on

When it comes to suppressing U.S. competiveness, no one does it better than patent trolls. A 2017 study concluded that 5,100 patent infringement lawsuits were filed in 2016. Patent Trolls account for about 67% of...more

Shook, Hardy & Bacon L.L.P.

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

Orrick - IP Landscape

Joining An IPR Could Prevent Recovery Under § 285

by Orrick - IP Landscape on

Order Dismissing Case as Moot, MD Security Solutions LLC, v. Protection 1, Inc., M.D. Fl. (Sep. 26, 2017) (Judge Paul G. Byron) - There may be an unappreciated cost in pursuing a patent validity challenge at the PTAB...more

Shook, Hardy & Bacon L.L.P.

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

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

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

Smith Anderson

My Company Can be Sued Where?: Supreme Court Resolves Some Questions of Where Businesses May Be Sued for Patent Infringement but...

by Smith Anderson on

After a long period in which the U.S. Supreme Court considered intellectual property issues only occasionally, the Court has frequently focused on intellectual property matters in recent years, reflecting the increasing...more

Morgan Lewis

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

Ropes & Gray LLP

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

Harness, Dickey & Pierce, PLC

Weak Infringement Position Makes Troll-like Behavior Exceptional

In Adjustacam LLC v. Newegg, Inc., [2016-1882] (July 5, 2017) the Federal Circuit reversed the district court’s decision not to award attorneys’ fees to defendant after plaintiff voluntarily dismissing its complaint after a...more

WilmerHale

In Case You Missed It: Launch Links - June, 2017

by WilmerHale on

Some interesting links we found across the web this week: HBO’s ‘Silicon Valley’ Tackled an Issue That’s all too Familiar to Startups: The Threat of Frivolous Patent Litigation - The threat of frivolous patent...more

Wilson Elser

U.S. Supreme Court Shuts Down Patent Troll Venue Shopping

by Wilson Elser on

On May 22, 2017, the U.S. Supreme Court issued its unanimous decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341, S.Ct. 2017, and drastically changed the politics of venue selection in patent cases. The...more

Bass, Berry & Sims PLC

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

by Bass, Berry & Sims PLC on

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

Foley & Lardner LLP

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

by Foley & Lardner LLP on

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

McDonnell Boehnen Hulbert & Berghoff LLP

TC Heartland LLC v. Kraft Foods Group Brands LLC (2017)

On May 22, 2017, in TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court reversed the Federal Circuit and held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State...more

Winthrop & Weinstine, P.A.

Dubious Patent Trolls and a Crowdfunded Infringement Defense

by Winthrop & Weinstine, P.A. on

We’ve spent time discussing the patent troll phenomenon in the past. Patent trolls are less pejoratively referred to as non-practicing entities, because they do not make or use the inventions covered by their patents. ...more

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