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...
Stay Calculus to Encourage Multi-Defendant
As the new patentability trials of the America Invents
Act (AIA) have only been available for 7 months, their impact is only now
beginning to be felt in the district courts. The new USPTO Patent Trial &
Appeal Board (PTAB) proceedings permit...
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...