LexisNexis® Legal Newsroom
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...

Senate Democrats Propose Bill to Gut AIA Trials

Misguided STRONG Act Would Undo Years of AIA Progress Well, if you expected the Goodlatte Bill to sail through the House for swift passage through the Senate, forget about it. Hill chatter has indicated that the significant House support of the Bill has diminished since the last vote in 2013 (and...

O.J. Simpson & Patent Reform

Should Systemic Changes to The Patent System Be Undertaken in Response to Bad Actors? Efforts to enact patent reform (as well as the America Invents Act of 2011) are/were largely driven by the perception that the patent system is being abused by bad actors. Currently, many of the most established...