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...

Abusive Patent Litigation Practices Already More Difficult?

Congress Tinkers with Further Patent Reforms It seems Congress has chosen to ignore the significant impact the America Invents Act (AIA) has had on pure patent enforcement entities. There is simply no other rationale to explain why a new patent reform bill is contemplated by Congress near every week...

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...

NPE Attempts to Exact License by Threat of IPR

NPE Files Unsuccessful IPR Against Target Over the years I have seen a handful of non-practicing entities (NPEs) pursue post grant challenges against the patents of their opponent. This “turning of the tables” by the NPE is an odd strategy since the patent of the innovator defendant is...

Bar Associations Set to Oppose Changes to CBM Statute

Key CBM Revision Unpopular with Bar Associations One of the more intriguing mechanisms of the America Invents Act (AIA) is the Transitional Program for Covered Business Method (CBM) Patents. To date, these speciailized post grant patent challenges have been pursued in relatively limited numbers as...

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...

End of Budget Deadlock to Spark Patent Reform Efforts?

Patent Reform for the Holidays? Now that Congress has kicked the budgetary can down the road for another 3 months they may actually squeeze in some lawmaking before the end of 2013. Given the public image problems created by the shutdown of the last few weeks, lawmakers will be eager to find an issue...

Congress Debates USPTO Use of District Court Claim Construction Practices

Hearing to Consider Issues for Mark-up Although the Innovation Act ( H.R.. 3309 ) was only introduced last week, as expected , Congress is wasting no time pushing the “patent reform” issue forward. Today at 10AM the House Judiciary Committee will hold a hearing on the content of the Bill...

Resistance Slows Patent Reform for 2013

Caution Urged by Members of House Judiciary Committee With two previous working drafts circulated in the House of Representatives, the proposals of the Goodlatte Bill were thought to be thoroughly “baked in” from a legislative perspective. However recent commentary from the judiciary on...

Goodlatte Bill Stripped of Controversial Anti-Software Patent Provisions

Pro Software Lobby Drives Legislative Rewrite Last week, the proposed patent reform legislation (HR 3309) was seemingly stalled for the remainder of 2013 . This road block was primarily erected by the Business Software Alliance, and other pro software patent lobbyist that were taking issue with certain...

Leahy Bill Released, Drops Goodlatte Provision on Scope of CBM Art

Critical Technical Fix to CBM Statute Left out of Leahy Bill Wasting no time…the Senate has quickly introduced a companion bill to H.R. 3309 . The senate bill ( here ), sponsored by Senator Leahy of Leahy-Smith America Invents Act (AIA) fame, largely tracks the post grant related provisions...

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...

Senate Picks Up Patent Reform Debate on December 17th

Senate Judiciary to Webcast Hearing on Leahy Bill Next Tuesday the Senate Judiciary Committee will hold a hearing entitled Protecting Small Businesses and Promoting Innovation by Limiting Patent Troll Abuse. The 10 AM hearing will be webcast . A witness list is not yet available. The hearing will...

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...

Senate Poised to Quickly Conclude Patent Reform Efforts

Hearings End, Leahy Bill to Reemerge on Fast Track Last Friday, the Senate Judiciary Committee concluded a round of additional staff hearings on pending Senate Bills S.1720 (Leahy) entitled Patent Transparency & Improvement Act. The hearings focused on the concerns of universities, small inventors...

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...

Recalibrated Patent Reform Bill Unveiled Thursday?

Leahy/Cornyn Compromise Hammered Out? Last week, the Senate Judiciary Committee generally considered bill S. 1720 entitled Patent Transparency and Improvements Act of 2013 but held over the matter for this week . It seems there was a bit of a stalemate on the topic of litigation fee shifting and expansion...

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...

Senate Delays Patent Bill...Again

Passage of Major Reform in 2014 Seems Unlikely This morning the Senate Judiciary Committee once again delayed release of the manager’s amendment of The Patent Transparency & Improvement Act . Perhaps the committee needed additional time to study the impact of this week’s Supreme Court...

Patent Reform is Dead for 2014

Writing is on the Wall for 2014 With yet another (5th or 6th?) manager’s amendment delay announced yesterday by the Senate Judiciary Committee, it is clear that momentum for patent reform is waning on the Senate side. Whether it be the recent Supreme Court decisions mooting the need for fee...

PTAB Popularity Undermines Push for Further Patent Reform

Patent Reform Has Been in the Hands of the Public Since September 2012 The last round of patent reform was enacted into law in 2011 as the America Invents Act (AIA). Along with the AIA came new patent challenge mechanisms that first became available to the public in September of 2012. These mechanisms...

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...