Will the ITC Give Patent Trolls Injunctions Not Available From Federal Courts?

That is the central question now being determined by the ITC. Since Ebay , non-practicing entities (NPEs, or "patent trolls") have not had the injunction leverage for their shake downs that they had prior to Ebay . Until now, it was widely believed that patent trolls did not have access...

Sutherland Legal Alert: Financial Services Patent Holding Company Update - September 2011

This is the September 2011 installment of Sutherland's "Financial Services Patent Holding Company Update." These updates are intended to provide our readers general information about the activities of patent holding companies (or non-practicing entities) in the financial services and e...

Your Good Will Hunting Moment: Arguing for the Non-Practicing Entity or against the Patent Troll

In a scene from the movie, Good Will Hunting , about the fictional genius Will Hunting (Matt Damon), Clark, a Harvard student, approaches Will's friend Chuckie (Ben Affleck) in a bar and challenges Chuckie to an intellectual duel of sorts. Because Chuckie is more a fighter than a thinker, Will...

Attempting to Vaccinate against Patent Trolls

Think of your technology as a cell. For those components to which you don't own a patent, your cell is infected with a dangerous virus. If a nonpracticing entity (NPE), a/k/a a patent troll, decides to go on the patent offensive, then your cell's infection could very well prove toxic. As...

Are Patent Trolls the New Justin Biebers of Corporate America?

Teenage girls like to dream about adolescent pop star Justin Bieber. Much like Justin, patent trolls might be turning into the hunky dreamboats of swooning corporations. According to a recent Wall Street Journal (WSJ) article , some tech corporations are creating patent entities for the sole purpose...

Patents Post-Grant: USPTO to Break Patent Troll Business Model in September?

Contingency Model Undermined by New USPTO Post Grant Proceedings Non-practicing entities or "patent trolls" are generally those plaintiffs that seek to enforce patent rights against an industry in which they themselves do not compete. Stated another way, an NPE's only business is patent...

Non-Practicing Entity Accuses Porsche of Patent Infringement

On Tuesday, Norman IP Holdings filed suit [ complaint ] against Porsche Cars North America, accusing the automaker of patent infringement. The Patents Norman IP's lawsuit against Porsche is based on several patents, including: Patent No. 5,530,597 for "Apparatus and Method...

Patents Post-Grant: New House Bill Targets Software Patent Litigation

New Bill Seeks to Recover Costs of "Egregious Legal Disputes" Since the enactment of the America Invents Act (AIA) in September of 2011, the "patent reform" embodied by the AIA has been slowly rolling out. In fact, the bulk of the truly significant changes to patent law are still...

Williams Mullen: A New Patent Shield? House Bill Introduces “Anti-Patent Troll” Legislation

BY: ROBERT VAN ARNAM & ALISON S. McGEARY "Patent Trolls," or non-practicing entities that buy up patents with the expectation of litigating their way to profit, have been targeting software and computer hardware companies for years. Critics of the America Invents Act believe it did not...

Williams Mullen: Trolling In Financial Waters: The Increasing Threat of Patent Infringement Lawsuits by Trolls in the Financial Services Industry

BY: ROBERT VAN ARNAM As the financial services industry increases its use of technology to match consumer demand and expectations for mobile banking and applications, check imaging and requisite security and encryption features, it has increased its profile as a target of Non-Practicing Entities ...

Patents Post-Grant: AIA Post Grant Proceedings Begin to Impact NPE Assertions

Rippling Effect of PTAB Proceedings to Upset Patent Litigation Business Model? Opponents of the U.S. patent system are quick to deride the America Invents Act (AIA) as a failure when it comes to the so called "patent troll" or "non-practicing entity" (NPE) problem. Indeed, a steady...

Patents Post-Grant: Patent Troll Advantage to End In Texas?

By: Scott A. McKeown and Greg Gardella The ED Tex Conundrum Presented by Inter Partes Review The Eastern District of Texas is a favorite forum of patent trolls in substantial part because its judges have demonstrated a substantial disinclination to stay litigation pending reexamination. Many presume...

Patents Post-Grant: Multi-Defendant Troll Suits to Drive Joinder Filings at PTAB

By Scott A. McKeown and Greg Gardella Stayed Litigations to Drive Joinder Practice Inter partes reviews (IPRs) are now understood to be effective tools for parties defending against patent infringement suits filed by non-practicing entities , sometimes called "patent trolls." Typically...

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...

Patents Post-Grant: Loser Pays Patent Troll Legislation Flawed

Since the enactment of the America Invents Act (AIA) in September of 2011, the "patent reform" embodied by the AIA has been slowly rolling out. In fact, the bulk of the truly significant changes to patent law are only months old, some still weeks away. These changes include the change over...

New Patent Troll Bill Gets High Marks From Attys

Patent trolls that lose in court would be required to pay the full legal costs of accused infringers under legislation introduced Wednesday that attorneys say is more likely to discourage frivolous litigation and gain support from lawmakers than a similar bill introduced last year. Read the entire...

Settlement Stats Show Trolls Fleeing PTAB Patent Challenges

Early Statistics Show NPEs Seeking Escape Hatch from PTAB The Patent Trial & Appeal Board (PTAB) has the power to terminate an Inter Partes Review (IPR), Post Grant Review (PGR), or Transitional Proceeding for Covered Business Method Patents (CBM) upon request of the parties. This discretionary...

Could Track B Scheduling in EDTX Benefit Patent Trolls?

EDTX Judge Davis Announces New, Faster “Track B” for Patent Cases Last week, Chief Judge Leonard Davis of the Eastern District of Texas (EDTX) issued an Order ( here ) creating a second, Track B for patent cases. Track B as the name implies establishes a different, accelerated track as...

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...