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Patent Trolls Proposed Legislation

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 -
Wilson Sonsini Goodrich & Rosati

Massachusetts State Senator Files Second Attempt at Bill to Address Bad Faith Patent Infringement Assertions

On Wednesday, January 16, 2019, Massachusetts State Senator Eric Lesser introduced Bill S.D. 1007 (S.D. 1007) which provides for legal actions and recovery from entities that allege infringement in bad faith against...more

King & Spalding

ITC Section 337 Update – April 2016

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Legislation Introduced to Amend Section 337 – On March 22, 2016, Representatives Cárdenas (D-CA) and Farenthold (R-TX) introduced the “Trade Protection Not Troll Protection Act,” which amends Section 337 with respect to,...more

McDonnell Boehnen Hulbert & Berghoff LLP

The VENUE Act -- A Last-Ditch Attempt at Patent Reform?

It has been some time since we have heard serious discussions about patent reform legislation from Congress. Sure, the Innovation Act (H.R. 9) is still pending in the House, and the Patent Act (S. 1137) is still pending in...more

Fish & Richardson

Forum Shopping in Patent Litigation

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This month, both the Federal Circuit and the Senate Judiciary Committee took up the issue of “forum shopping” in patent infringement suits. Right now, a patent plaintiff can essentially file suit in the district court of its...more

Morrison & Foerster LLP

House Committee Advances Competing Patent Reform Legislation

With yesterday’s House Judiciary Committee vote, there are now competing, and in some respects significantly different, patent reform proposals under serious consideration in the House and the Senate. Among the most important...more

BakerHostetler

The Innovation Act of 2015: Congress Targets Patent ‘Trolls’ Again

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On February 5, 2015, the House Judiciary Chairman, Rep. Bob Goodlatte (R-VA), flanked by a bipartisan group of his peers, reintroduced his “Innovation Act” (H.R. 9). The bill is the second time in as many years that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

STRONG Patents Act of 2015 -- An Alternative Patent Reform Bill

Yesterday, Sen. Christopher Coons (D-DE), Sen. Richard Durbin (D-IL), and Sen. Mazie Hirono (D-HI) introduced the "Support Technology and Research for Our Nation's Growth (STRONG) Patents Act of 2015." What is unique about...more

Weintraub Tobin

Congress is Reconsidering “Anti Troll” Legislation

Weintraub Tobin on

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more...more

Morrison & Foerster LLP

Turning The Tide on “Trolls”

When a non-practicing entity (NPE) accused 16,000 small businesses of violating its patent by merely emailing scanned documents, the New York attorney general cracked down, forcing a settlement. Then the FTC threatened to sue...more

Womble Bond Dickinson

Bill Updates That Will Make Your Head Spin - Weekly Wrap-Up.

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Patent Trolling - The contents of HB 1032 - Patent Trolling have been added to SB 648 - NC Commerce Protection Act and sent to the Senate for a concurrence vote. The new SB 648 now addresses contracts between the NC...more

Smith Anderson

Anti-Patent Troll Legislation Moves Forward in North Carolina

Smith Anderson on

Just over a week into the new session of the North Carolina General Assembly, legislation aimed at the abusive assertion of patent infringement claims by “patent trolls” may be gaining traction, with a bill apparently headed...more

Womble Bond Dickinson

Hump Day Update

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My head is spinning. Is yours? Happy Hump Day! Last night the Senate Finance Committee had an unusual - and unusual - evening meeting to take up it's version of HB 1030 - Omnibus Tax Changes. Two hours later the bill...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Reform Legislation Off The Table -- For Now

Earlier today, Senator Patrick Leahy (D-VT), Chairman of the Senate Committee on the Judiciary, announced that he was taking the Patent Transparency and Improvements Act of 2013 (S. 1720) off the Committee's agenda. He cited...more

Womble Bond Dickinson

NC Begins Work On Patent Troll Bill

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Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

King & Spalding

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

King & Spalding on

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

McDonnell Boehnen Hulbert & Berghoff LLP

"Non-Practicing Lawmakers" -- The Mark-up of H.R. 3309 (Innovation Act)

As we have previously reported, Rep. Goodlatte (R-VA), the Chairman of the House Committee on the Judiciary, introduced the "Innovation Act" (H.R. 3309) to curb abusive patent litigation, and conducted a hearing of his...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

House Judiciary Committee Holds Hearing on Innovation Act

Earlier today, the House Committee on the Judiciary held a hearing to discuss the Innovation Act (H.R. 3309), a bill that was introduced last week by the Chairman of the Committee, Rep. Bob Goodlatte (R-VA). The Committee...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Introduces "Innovation Act" to Combat Patent Trolls

After releasing two "discussion drafts," Rep. Bob Goodlatte (R-VA) (at right), the Chairman of the House Committee on the Judiciary, finally introduced a bill in the House on October 23, 2013, with the non-descript title of...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

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2013

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Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

Foley & Lardner LLP

White House Announces Initiatives Against Patent Trolls

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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

McDonnell Boehnen Hulbert & Berghoff LLP

Congress Continues Efforts to "Reform" U.S. Patent Law

It has been less than three months since the remaining provisions of the Leahy-Smith America Invents Act (AIA) took effect, and just short of five months since the AIA Technical Corrections Act was enacted to "correct and...more

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