Brian P. O’Shaughnessy Nominated for President-Elect of the Licensing Executives Society (USA & Canada), Inc.
Valley Forge, PA | October 2015 – RatnerPrestia Shareholder Brian P. O’Shaughnessy has been nominated as the next president-elect of the Licensing Executives Society (USA & Canada), Inc. (“LES”). O’Shaughnessy currently serves as LES Regional Vice President, USA. He has served on the LES Board of Trustees since 2007. As Regional Vice President, USA, he is responsible for formulating and articulating the Society’s position on legislation, administrative policy, and trends in IP law in the U.S.
Posted: October 2nd, 2015 under Press Release.
Valley Forge, PA | September 2015 – RatnerPrestia is pleased to announce that it is opening a Munich, Germany office on January 1, 2016. RP CEO, Jonathan H. Spadt, notes, “This is an unprecedented move for a firm our size, and one we are undertaking with very specific goals in mind. No IP law firm our size has done what we are doing.”
Posted: September 16th, 2015 under Press Release.
Valley Forge, PA | August 2015 – Joshua L. Cohen, a Shareholder with RatnerPrestia, is a Lecturer in Lehigh University’s Master’s Degree in Technical Entrepreneurship (TE) Program, which provides practical skills to graduate students from various disciplines in the art and practice of creating new companies. Mr. Cohen helped design the course Intellectual Property (IP) Creation and Management for Lehigh’s TE Program, and he lectures to students in the TE Program regularly.
Posted: August 25th, 2015 under Press Release.
Will Patent Reform Legislation Curb “Abusive” Litigation? – A Look at Fee-Shifting and Enhanced Pleading Under H.R. 9 and S. 1137
This article appeared in the August 5, 2015 Edition of The Legal Intelligencer
Patent reform is again looming on the horizon. Legislators are again focused on curbing the “abusive” litigation practices of patent trolls. The House and the Senate have released competing legislation this year, respectively identified as the Innovation Act (H.R. 9; introduced by Representative Bob Goodlatte (R-VA)) and the PATENT Act (S. 1137; introduced by Senator Chuck Grassley (R-IA)). While the legislative process for these bills is still in its infancy, there appears to be significant agreement between the two governing bodies regarding many issues, which suggests the question is not if, but when patent litigation reform legislation will be enacted. This article summarizes these respective pieces of legislation with respect to two approaches intended to make “abusive” litigation strategies for patent trolls more difficult: fee-shifting and enhanced pleading requirements, and compares them to the recent decisions from the Supreme Court which appear to be directed at handling these same issues.
Valley Forge, PA | July 2015 – Kenneth N. Nigon, a Shareholder with RatnerPrestia, is participating in a series of cross-country roadshows hosted by the USPTO and the American Intellectual Property Law Association (AIPLA), scheduled for August 24-28, 2015. The program will focus on enhancing patent quality and conducting AIA trials. Nigon currently serves as Vice Chair of the Patent Relations with the USPTO Committee for AIPLA. For more information and to register for the program, please click here.
Posted: July 30th, 2015 under Press Release.
Washington, D.C. | July 27, 2015 – RatnerPrestia is pleased to announce that its Washington, D.C. Office has moved to 1090 Vermont Avenue NW, Suite 1200, Washington, DC 20005.
Posted: July 27th, 2015 under Press Release.
Valley Forge, PA | July 2015 – RatnerPrestia Counsel James Gould will appear as a panelist in the Center for the Protection of Intellectual Property’s (CPIP) Summer Institute in Patent Law. The institute is scheduled for July 22 and 23 and will take place in Beaver Creek, Colorado. Mr. Gould’s panel will address Patented Innovation in the Biotech and Pharmaceutical Industries.
Posted: July 24th, 2015 under Press Release.
Valley Forge, PA | June 2015 – Kenneth N. Nigon, a Shareholder with RatnerPrestia, is participating in Practising Law Institute’s (PLI) Advanced Patent Prosecution Seminar 2015, scheduled for July 16-17, 2015 at the PLI New York Conference Center. Nigon is co-chair of the program and has been an active participant in PLI events for many years. This program is designed for private or corporate and other in-house practitioners with patent experience who wish to improve their general claim drafting and amendment writing skills. Registrants will have the opportunity to concentrate for two days on the specialized skills required in their technological area. For more information and to register for the program, please click here.
Posted: June 16th, 2015 under Press Release.
This article appeared in the June 3, 2015 Edition of The Legal Intelligencer
Last year, the Supreme Court issued a number of landmark decisions which can be argued as geared towards reforming patent litigation and, in particular, towards curbing questionable litigation strategies, typically associated with patent trolls. We wrote last month regarding the benefits of an accused infringer moving for an early dismissal under Fed. R. Civ. P. 12 based on the patent ineligibility guidelines set forth in the Supreme Court’s decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014). This article explores another deterrent against such litigation tactics: the enhanced prospect of fee-shifting arising from the Supreme Court’s decisions in Octane Fitness LLC v. Icon Health & Fitness Inc., 134 S. Ct. 1749 (2014) and Highmark v. Allcare Health Management System Inc., 134 S. Ct. 1744, 1749 (2014). A year of decisions following Octane demonstrates that courts have taken heed and are not hesitant to award fees.
Posted: June 9th, 2015 under Litigation.
Belief Regarding Patent Invalidity Not a Defense to Inducement Claims; Inducement Requires Knowledge That Defendant Knows Actions Induced Constitute Patent Infringement
Valley Forge, PA | May 2015 – Today, the Supreme Court issued a split, and long-awaited, decision in Commil USA, LLC v. Cisco Systems, Inc. regarding whether a defendant’s good-faith belief in the invalidity of a patent is a defense to a charge of induced infringement. 575 U.S. ___ (2015). The Supreme Court’s concise answer to that question? “It is not.”