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Patent Trolls Abuse of Process

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

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

McDonnell Boehnen Hulbert & Berghoff LLP

101 Patient Organizations Ask Congress to Curb IPR Abuse

Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent...more

Morrison & Foerster LLP

Celgene’s Pending Sanctions Motions against Kyle Bass’s Hedge Fund

The Patent Trial and Appeals Board (PTAB) previously authorized Celgene Corporation (“Celgene”) to move for sanctions against the Coalition for Affordable Drugs (“Coalition”), an entity affiliated with a Kyle Bass hedge fund...more

McDermott Will & Emery

States Have the Right to Protect Businesses Against NPEs

McDermott Will & Emery on

State of Vermont v. MPHJ Technology Investments, LLC; In re MPHJ Technology Investments, LLC - Addressing the issue of state efforts to reign in non-practicing entities, the U.S. Court of Appeals for the Federal...more

Moore & Van Allen PLLC

U.S. House Committee Holds Hearing on Abusive Patent Demand Letters

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On April 8, 2014, the U.S. House Committee on Energy & Commerce, Subcommittee on Commerce, Manufacturing, and Trade held a hearing “Trolling for a Solution: Ending Abusive Patent Demand Letters.” The purpose of the hearing...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): “Patent Trolls” Beware –...

If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more

Morrison & Foerster LLP

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

Morrison & Foerster LLP

For Whom the Bell Trolls, Episode II: The Judiciary Strikes Back

Morrison & Foerster LLP on

Patent reform legislation continues to be hotly debated, both in the public arena and before Congress. Federal Circuit Chief Judge Randall R. Rader recently said that Congress should leave reform to the courts, echoing...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trolls Better Watch Out This Halloween -- Senator Hatch Introduces Patent Litigation Integrity Act

Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed at shifting the...more

Foley & Lardner LLP

Chairman Goodlatte Introduces “Innovation Act” to Curb Abusive Patent Litigation

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Following two earlier drafts floated in May and September 2013, House Judiciary Committee Chairman Bob Goodlatte on October 23, 2013 formally introduced a bill, titled the “Innovation Act,” aimed at curbing abusive patent...more

Downs Rachlin Martin PLLC

Alleged Patent Troll Targeted By Vermont Attorney General

Previously, we posted about Governor Peter Shumlin signing into law Vermont’s first-in-the-nation (and so far only-in-the-nation) patent troll legislation helping Vermont businesses protect themselves from bad faith patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Introduces Second "Discussion Draft" of Legislation Aimed at Curbing "Abusive Patent Litigation"

In order to combat the perceived "patent troll" problem, members of Congress in both the House and the Senate introduced bills last spring aimed at addressing abusive patent litigation tactics. One of the more comprehensive...more

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