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Patent Trolls › United States Patent and Trademark Office

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 -
Kidon IP

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

Kidon IP on

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

White & Case LLP

Managing economic and social change toward a sustainable future: A new era for US patents

White & Case LLP on

How has President Trump's "America First" philosophy affected US patent policy? White & Case partners discussed what an evolving US patent policy will mean for other nations, and to propose effective responses....more

Fenwick & West LLP

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

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

Robinson & Cole LLP

IP+T: Intelligence Newsletter - December 2017

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Womble Bond Dickinson

Clinton vs. Trump: How the U.S. Presidential Election Could Impact IP Law

Womble Bond Dickinson on

A great deal has been made of the distinct policy differences between Democratic Presidential Nominee Hillary Clinton and Republican Nominee Donald Trump in such areas as immigration, national defense, crime and taxation. But...more

Snell & Wilmer

Patents: Important Facts, Takeaways, and Pitfalls to Avoid

Snell & Wilmer on

1. Broad Claim Scope is Key. Merely getting a patent is not the goal. The goal is to maximize the scope of meaningful patent protection to which your invention is entitled. Put yourself in a competitor’s shoes - how would you...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Keeping an Eye on Patent Trolls

McDonnell Boehnen Hulbert & Berghoff LLP on

The Question Worth Pondering: Innovation Provokers or Idea Thieves? - In the past five years Cisco and J.C. Penney have spent close to $350 million fending off demands from patent trolls, which are more politely known...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Fantastical World of Justice Stephen Breyer

McDonnell Boehnen Hulbert & Berghoff LLP on

In a recent book entitled Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck, author Adam Cohen examines the case of Buck v. Bell, where Justice Oliver Wendell Holmes wrote that "[t]hree...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Troutman Pepper

Hedge Fund Troll Undetered by Initial Setbacks

Troutman Pepper on

Kyle Bass and his hedge funds, the Coalitions for Affordable Drugs LLC, have failed in several of their initial attempts to knock out drug patents. In two decisions handed down late last month, the Patent Trial and Appeal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Releases Report on H.R. 9

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Morrison & Foerster LLP

House Committee Advances Competing Patent Reform Legislation

Morrison & Foerster LLP on

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

Knobbe Martens

Medical Device Trade Group Pens Letter in Opposition to Innovation Act

Knobbe Martens on

The Medical Device Manufacturers Association (“MDMA”) has been vocal in lobbying Capitol Hill for what they consider “necessary changes” to patent law for continuing medical device innovation.  Part of that lobbying has...more

Fenwick & West LLP

News Flash! Exxon Patents Selling Energy!

Fenwick & West LLP on

Here's an odd one. With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to...more

Perkins Coie

United States: IP and Antitrust

Perkins Coie on

United States antitrust law seeks to encourage free and open competition by preventing exclusionary conduct that threatens the competitive process. Intellectual property rights (IPR) laws, by contrast, are designed to...more

Eversheds Sutherland (US) LLP

Legal Alert: UPDATE: The Hare Loses Steam – Patent Litigation Reform Law Unlikely This Year

Eversheds Sutherland (US) LLP on

Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

McDonnell Boehnen Hulbert & Berghoff LLP on

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim...more

Knobbe Martens

Medical Device Manufacturer’s Association Submits Comments on USPTO’s Proposed Rule to Require Identification of Attributable...

Knobbe Martens on

(April 24, 2014) The Medical Device Manufacturer’s Association (MDMA) announced that it submitted comments to the United States Patent and Trademark Office (USPTO) in regard to the USPTO’s Notice of Proposed Rulemaking...more

Orrick, Herrington & Sutcliffe LLP

Patent Issues Remain a Priority for the White House

Orrick, Herrington & Sutcliffe LLP on

On February 20, 2014, the White House hosted an event "highlight[ing] progress on the [Obama] Administration's patent policy agenda." Orrick intellectual property attorney Wesley Helmholz attended the event at the White...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

McDonnell Boehnen Hulbert & Berghoff LLP on

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...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

House Passes H.R. 3309 (Innovation Act) -- Updated

McDonnell Boehnen Hulbert & Berghoff LLP on

The House of Representatives earlier today passed H.R. 3309, the Innovation Act, by a 325 - 91 vote. Before voting on the bill, the House spent several hours debating and voting on a number of amendments. Other than a...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

McDonnell Boehnen Hulbert & Berghoff LLP on

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

King & Spalding

Intellectual Property Newsletter - July 2013

King & Spalding on

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

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