The Fog of Patent War: Patent Trolls - Fact or Fantasy?

[ Originally posted 07/27/2011 ] In eBay Inc. v. MercExchange , L.L.C., 547 U.S. 388, 396 (U.S. 2006) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Justice Kennedy, in his concurrence, made the following observation: In cases...

Patents Post-Grant: Patent Trolls Drive Demand for New AIA Post Grant Proceedings

Demand for IPR Driven by Patent Troll Assertions On September 16th, 2012 the new post grant patent proceedings of the America Invents Act (AIA) became available to patent challengers for the first time. These proceedings have only been available for a few months, but there has been a robust demand...

Patent Reform Palooza Hits Congress Summer 2013

Competing Bills Target Patent Troll Business Model Congress has gotten the patent troll memo in a big way. The political stage is being set for a summer of legislative festivities. Like any good summer festival, Congress is separately establishing main and side stage legislative spectacles...

Congress Considers Helping Patent Trolls?

Not All of the New Patent Reform Ideas are Good Ones A few weeks back House Judiciary Committee Chair Bob Goodlatte (R-VA), released a "discussion draft" of further patent reform ideas . The Draft is a collection of adjustments to the U.S. patent system designed to encourage a dialogue...

Taking a Stand: How Companies and Government Are Pushing Back Against Patent Trolls

Thomas Edison was an astute businessman. He is repeatedly credited for things he did not actually invent , which by itself attests to his capacity for improving on the impractical or undeveloped ideas of others and reaping the benefits of patenting his innovations. He also purchased inventions solely...

Yet Another Bill Proposes Heightened Pleading Standard for Patent Cases

Multitude of Anti Patent Troll Bills Before Congress Yet another patent reform bill, H.R. 2639 , was introduced last week by Rep. Hakeem Jeffries (D-NY). Like many of the bills introduced over the past few months , H.R. 2639 seeks to mandate more particuarity for pleading patent infringment, and seeks...

State Consumer Protection Laws Unleashed on Patent Trolls

Trolls Face Expensive Legal Battle To Prove Inapplicability of State Laws When a patent troll asserts a patent claim of questionable merit against a defendant, the defendant is faced with two options: 1) fight a very expensive and time consuming legal battle to prove the correctness of their invalidity...

PTAB Speed Changes Court’s Mind on Motion to Stay Calculus

Court Cites Improved Speed of PTAB as Eliminating Potential Prejudice The primary business distinctions between the USPTO Patent Trial & Appeal Board (PTAB) proceedings and traditional court based patent invalidity proceedings are the vast improvements in cost, predictability, effectiveness, and...

House Quickly Passes Goodlatte Bill

Patent Reform Debate Moves to Senate in January 2014 Yesterday afternoon, the Innovation Act (H.R. 3309) passed through the House with ease by a vote of 325-91. The bill was quickly debated (3 hours) and only slightly amended. The one noteworthy change was the removal of the provision designed to...

PTAB Begins Front Loading IPR & CBM Schedules

PTAB Begins Front Loading IPR & CBM Schedules The new patent challenge proceedings of the USPTO’s Patent Trial & Appeal Board (PTAB) are instantly distinguishable from the previous examiner-based, patent reexamination—perhaps most notably in speed. That is, an Inter Partes Review...

Post-Grant Proofing Your Patent Portfolio

PTAB Review Proceedings Force Change to Age Old Patent Prosecution Paradigm As Bob Dylan once warned, you better start swimmin’ or you’ll sink like a stone….the times they are a changin. ‘ While Bob clearly had some broader ranging social issues on his mind when he penned...

Medical Technology Patents at the PTAB

IPR…Not Just For Trolls With Congress on the verge of passing still more legislation directed at alleviating the dreaded “patent troll” problem, perhaps Congress should pause to consider what has already been accomplished over the last 18+ months. As pointed at by Gene Quinn at...

States Getting in on Patent Infringement Fight

by Rich Ehisen For all intents and purposes, patent law reform is an issue that has long been the purview of the federal government and the court system. But with intense pressure building at all levels of government to combat so-called "patent trolls" — companies that exist primarily...

Back to Basics: Focusing on Patent Quality to Fight Patent Trolls

Here’s a suggestion for a movie sequel. It takes its cue from the 2012 dark fantasy action film Abraham Lincoln: Vampire Hunter , which was based on a mashup novel of the same name. This is the idea: Barack Obama: Patent Troll Slayer! It’s got… executive branch attitude! If that...

Renewed Patent Reform Chatter, Why?

Congress Clings to Familiar Patent Reform Issue As we approach the witching hour of mid-term elections, Congress begins to turn back to the business of law making. With so few legislative initiatives having meaningful bipartisan support, and a lame duck executive eager to appear — well, not...