Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform. The framework, released last week, is short – only one page – but the intent is clear: temper the Section 101-based rejections
Patent Litigation Tips
TC Heartland: The More Things Change, the More They Stay the Same
I have made it a practice not to immediately blog about big Supreme Court cases. While there is a rush to be the first to publish, I have found that there is a significant difference in the value between immediate analysis and analysis after people take a breath and think about the implications of the…
New Federal Rules Will Impact Patent Litigation
New Federal Rules of Civil Procedure set to take effect December 1, 2015, will have significant impact on patent litigation across the country. In fact, these changes are substantial enough that they may cause courts to rethink and revise local patent rules to accommodate the changes. It is important, therefore, to understand the rule changes.…
Federal Circuit Opens the Door to Transferring Cases
A common frustration of retailers is finding themselves one of many defendants in a series of suits brought by a patent troll in a district in which the retailer has at most very limited activity. It is a set of facts routinely repeated in the districts most favored by trolls, including D. Delaware and E.D. …
Hurricane Alice: The broad impact of the Supreme Court’s Software Patent Decision
Reactions to the Supreme Court’s CLS Bank v. Alice decision were mixed on both sides of the debate. Everyone seemed to agree that software patents were not dead, but whether the decision would change the software patent landscape was unclear. Just three months later, however, there is good news for retailers. Both the Federal Circuit…
Octane Fitness May Require a Summary Judgment Motion for an Exceptional Case Findings
Federal Circuit Judge Dyk, sitting by designation in the E.D. Texas, recently denied a 35 USC Section 285 exceptional case motion in Stragent, LLC v. Intel Corp., No. 11 C 421, Slip Op. (E.D. Tex. Aug. 6, 2014) (Dyk, J.). The opinion begins with a thorough and very useful explanation of the history of …
Disturbing Retail Patent Litigation Statistics Confirm What Retailers Already Know
The following is a post by my colleague Anthony J. Fuga. Anthony and I regularly work together defending retailers against patent trolls.
MarketWatch’s recent blog post titled “Why retailers became a top target of patent trolls” contained a good, albeit short, rundown of some of the difficulties retailers are facing. Unfortunately, much of the…
Modifying the Innovation Act to Selectively Target the Patent Troll Problem
The following is a blog post by Varun Shah, Aruba Network’s Director, Intellectual Property — full disclosure, I previously represented Aruba. Shah has an interesting alternative patent reform proposal that seeks to target the patent troll problem. It is interesting for retailers because it is under-inclusive. On the one hand, that is less …
Measuring the Cost of Patents: Smartphone Royalty Stacking
Ann Armstrong (Vice President and Assistant General Counsel for Intel Corp.), and Joseph J. Mueller and Timothy D. Syrett (WilmerHale) recently released a working version of their article, The Smartphone Royalty Stack: Surveying Royalty Demands for the components Within Modern Smartphones. The article is not perfectly applicable to retailers because it is focused upon …
Are Bilateral Troll Prosecution Bars Going the Way of the Dodo
With a hat tip to Justin Sobaje at IP Litigtion Current, there appears to be a growing – and national – trend of district courts entering troll-only prosecution bars, and not just on unopposed, agreed motions.
In the E.D. Texas, the Court held that the troll and the target were not similarly situated, making …