LexisNexis® Legal Newsroom
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...

NPEs Unwittingly Invite Lopsided Battles at PTAB

Stay Calculus to Encourage Multi-Defendant Attacks 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 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...