News & Analysis as of September 18, 2024

America Invents Act

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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 -

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

Fenwick & West LLP on 4/27/2018

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

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

McDonnell Boehnen Hulbert & Berghoff LLP on 10/18/2017

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

Patent Rights in the U.S.: Is the Pendulum Finally Swinging Back to Center?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/30/2016

The U.S. patent system has long struggled to strike a balance that both encourages patent rights and prevents patent abuse. Finding that balance requires giving patent owners the right amount of patent enforcement power,...more

Post-Grant Review Roils Patent Litigation Waters

Sheppard Mullin Richter & Hampton LLP on 5/27/2016

The America Invents Act (AIA) has had a profound impact on patent litigation, particularly surrounding inter partes and other post-grant proceedings. Below, Manish K. Mehta, who handles patent litigation across an array of...more

"After Period of High Invalidation Rates, New US Patent Challenge Procedures May Slow Down to Moderate Pace"

Skadden, Arps, Slate, Meagher & Flom LLP on 4/22/2016

When the U.S. Patent and Trademark Office's (USPTO) Patent Trial and Appeal Board (PTAB) began hearing post-issuance patent challenge proceedings under the America Invents Act in September 2012, the PTAB became one of the...more

Pigs Fly, Hell Has Frozen Over, and the New York Times Supports Small Inventor and University Patenting

McDonnell Boehnen Hulbert & Berghoff LLP on 10/29/2015

Admittedly, only on its Op-Ed page. But last Saturday Joe Nocera wrote a remarkably sane and reasoned column, entitled "The Patent Troll Smokescreen," pointing out that "big companies with large lobbying budgets" are using...more

Congress Introduces New Legislation To Halt Patent Trolling

Adler Pollock & Sheehan P.C. on 10/27/2015

Are patent trolls hurting your business’ bottom line? Whether you are a large publicly traded company or a small privately owned business, you’re not alone. Patent trolls are targeting businesses across the spectrum,...more

IP Newsflash - September 2015

Akin Gump Strauss Hauer & Feld LLP on 9/8/2015

DISTRICT COURT CASES - Minnesota Court Awards Octane Fitness $1.7 Million in Attorney Fees and Costs - In the seminal case establishing a lower standard for attorney fees in “exceptional” patent cases—Octane Fitness...more

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

Morrison & Foerster LLP on 8/26/2015

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

Rep. Goodlatte Releases Report on H.R. 9

McDonnell Boehnen Hulbert & Berghoff LLP on 8/5/2015

Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more

Federal Circuit Affirms Unpatentability in Much Anticipated First Review of CBM Decision

Polsinelli on 7/17/2015

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM...more

Innovators Beware! Patent Reform Creates the New “Anti-Patent” Troll

Bradley Arant Boult Cummings LLP on 6/30/2015

Recent years have seen a wave of efforts to control frivolous patent-infringement lawsuits perpetrated by so-called patent trolls. These started with the America Invents Act of 2011 and have been followed by the Patent Law...more

No One Told John Oliver About the America Invents Act: Last Week Tonight Stuck in 2012

Mintz on 5/6/2015

The heady days of 2012 saw “Gangnam Style” dominate the U.S. music charts, Patricia Krentcil rocket to fame as the “New Jersey Tanning Mom,” and the New York Giants win the Super Bowl. That year also is the source of nearly...more

Removal of Patent Troll Bill

Winstead PC on 5/29/2014

Last Wednesday, May 21, the Senate Judiciary Committee removed a bill from their agenda that sought to protect companies against “patent trolls,” which are companies whose main business is to gather patents, threaten...more

Are Patent Trolls Likely to Become More Circumspect in Filing Strategies After Recent SCOTUS Opinions?

JD Supra Perspectives on 5/5/2014

The recent Octane Fitness and Highmark, Inc. opinions, both authored by Justice Sotomayor after unanimous holdings by the United States Supreme Court, were a welcome development for corporate defendants in patent infringement...more

The White House Releases Update on "Protecting American Inventors and Innovators"

McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2014

Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more

Patents and the State of the Union -- A Response

McDonnell Boehnen Hulbert & Berghoff LLP on 1/31/2014

It may come as no surprise, but on Tuesday, January 28, 2014, President Obama highlighted innovation and the patent system during his State of the Union address...more

"Intellectual Property and Technology: Patent Issues to Watch in 2014"

Skadden, Arps, Slate, Meagher & Flom LLP on 1/28/2014

With key provisions of the America Invents Act (AIA) taking effect and a host of controversial U.S. Supreme Court decisions, 2013 was another active year for intellectual property law. Big cases and big changes will continue...more

More Q&A from Webinar on Top Patent Law Stories of 2013

McDonnell Boehnen Hulbert & Berghoff LLP on 1/24/2014

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

Senate Judiciary Committee Holds Hearing on "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse"

McDonnell Boehnen Hulbert & Berghoff LLP on 12/24/2013

On Tuesday, December 17, 2013, the Senate Committee on the Judiciary took up the issue of abusive patent litigation. In a hearing entitled "Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll...more

The Five Ps of Patent Reform: What You Need to Know About the Patent Litigation Reform Legislation Moving Through Congress

King & Spalding on 12/13/2013

The Leahy–Smith America Invents Act (AIA) was passed by Congress and enacted into law on September 16, 2011. Named for its lead sponsors, Sen. Patrick Leahy (D-VT) and Rep. Lamar Smith (R-TX), the Act changed the U.S. patent...more

The Futility of Petitioning Congress (After the Fix Is In): Stakeholders Tell Judiciary Committee What's Wrong with Goodlatte Bill...

McDonnell Boehnen Hulbert & Berghoff LLP on 11/22/2013

What everybody doesn't seem to know is how to get Congress to listen to the needs of the innovation community when well-heeled sectors put their lobbying and financial support in favor of legislation purportedly aimed at...more

Yet Another "Patent-Troll" Bill – Senator Leahy Introduces Patent Transparency and Improvements Act

McDonnell Boehnen Hulbert & Berghoff LLP on 11/21/2013

There has been a flurry activity recently in both the House and Senate aimed at addressing the perceived patent-troll problem. We have recently reported on the introduction of both the "Innovation Act," from Rep. Bob...more

The GAO Issues a Report on Patent Litigation Trends -- It Turns Out that the Sky Is Not Falling

McDonnell Boehnen Hulbert & Berghoff LLP on 8/30/2013

As we have previously reported, the patent system is under attack, and has been for quite some time. Generally, these attacks either begin with the assumption that the patent system is "broken," or that conclusion is reached...more

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