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...

Joinder Practice at PTAB Accounts for Common Patent Troll Tactic

Joinder Practice Extends Beyond Dissimilar Parties Joinder practice at the Patent Trial & Appeal Board (PTAB) provides strategic opportunities for members of Joint Defense Groups (JDG). JDGs are especially common in patent troll assertions. Petitions from JDG co-defendants for joinder of...

E-Commerce & Software Patent Trolls Targeted by Congress

Senate Proposes Expansion of USPTO's Business Method Patent Challenge Proceeding As I pointed out last week , Congress is considering fixes to the U.S patent system are designed to combat the patent troll problem. On May 7, S.866 or the "Patent Quality Improvement Act" was introduced...

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...

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...

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...

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...

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...