PWC’s most recent patents litigation study – “A Look Behind the Rising Numbers in US Patent Litigation: Macro Trends, Causes, and Implementations” – tells a story that every litigator knows, patent litigation is on the rise. And the America Invents Act (“AIA”) has done little about the problem. Here are some key takeaways from
Patent Litigation Tips
Microsoft v. i4i: Snatching Victory from the Jaws of Defeat
Last year, the patent defense bar was disappointed when the Supreme Court refused to lower the standard for invalidating patents based upon prior art that was not considered by the Patent Office. According to Professor David Schwartz from Chicago-Kent College of Law and Christopher Seaman from Washington and Lee University School of Law, the apparent …
Patent Litigation Study Confirms Need to Litigate and to Reduce Litigation Costs
Every retailer knows that patent litigation is growing rapidly. And every retailer knows that more and more of that litigation is created by trolls. A recent study analyzes a set of 500 cases, using data from Lex Machina – The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation. The study …
Article One’s Monica Winghart Discusses the AIA’s New Post-Grant Review & Inter Partes Review Procedures
The following is a summary of an interview I conducted with Monica Winghart, Article One’s Executive Vice President and General Counsel, about the impact of the new America Invents Act (“AIA”) provisions that went into effect on September 16. Ms. Winghart has more than 15 years of intellectual property experience. Prior to joining Article One,…
PWC 2012 Patent Litigation Study: More of the Same, Lots More
PWC’s 2012 Patent Litigation Study is out and it tells an interesting story. Cases are up, but median damages are down. Here are some of the key findings:
- Patent litigation filings hit a record 4,015 case filings in 2011. I would expect an even greater increase in suits filed in 2012, the first year of
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Can Massive Troll Costs Prompt Meaningful Patent Reform?
Last week, I wrote about the findings in an article from Boston University analyzing some excellent and thought-provoking data from RPX and the Coalition for Patent Fairness. I also looked at takeaways for retailers. While the data identifies some interesting trends, the most valuable role of the article is acting as a wake up call …
Trolls Cost Society $29 Billion – With a “B”- in 2011
The scholars of Boston University have provided another thought-provoking analysis of the costs of patent troll litigation. The article is backed by some excellent and thought-provoking data from RPX and the Coalition for Patent Fairness. For context, this is what the article says about the state of patent troll litigation:
- There were 5,842 patent troll
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SHIELD Act: A Step Towards Patent Troll Litigation Reform?
Meaningful patent troll reform may finally be on the horizon. Last year retailers across the country had high hopes for patent reform. Unfortunately, the version of the America Invents Act that was signed into law by President Obama in September 2011 offered little or no help in stopping or even significantly slowing patent trolls. But…
Federal Circuit Clears Way to Sever & Transfer Patent Cases
The Federal Circuit recently issued an important decision that should pave the way for transferring cases to retailers’ home districts. In In re EMC Corp., Docket No. 100, several co-defendants whose motions to sever and transfer their cases in a pre-AIA multi-defendant suit appeals to the Federal Circuit on a writ of mandamus. Looking only …