Archive for 'Litigation'
Written By: Paul F. Prestia The Government Accounting Office (GAO) has now released a report on the study of patent litigation mandated by the Leahy Smith America Invents Act (AIA). The report indicates GAO found little support for congressional concern for economic harm arising from patent infringement litigation brought by patent monetization entities (PMEs, or [...]
Non-Practicing Entities Face An Uphill Battle In Proving The Domestic Industry Requirement At The ITC
The International Trade Commission (“ITC”) has come under fire in recent years for permitting non-practicing entities (“NPEs”) to maintain patent infringement actions under Section 337 of the Tariff Act of 1930. This statute provides for injunctive relief as a matter of right against U.S. imports that infringe intellectual property. The controversy over NPE suits at the ITC concerns the threshold issue of “domestic industry,” a standing requirement that every Section 337 complainant must satisfy. Upon close analysis, the concerns over NPE suits at the ITC seem to be somewhat exaggerated.
Valuation of Standard Essential Patents: Enhanced by ITC But Greatly Diminished By Recent District Court Decision
Written By: Paul F. Prestia Standards Setting Organizations (SSO’s) often define standards necessary for interoperability of products from different sources. If a member of the SSO owns a patent that claims an invention necessary to comply with that standard (a Standard Essential Patent or SEP), the member is required to license the patent at a [...]
Written By: Paul F. Prestia and Thomas G. Southard Congress, the Obama Administration, and the International Trade Commission propose a variety of responses, but not everyone is on board.
Written By: Brian P. O’Shaughnessy and Brian S. Seal This article first appeared in the Licensing Executives Society (U.S.A & Canada), Inc.’s Insights Newsletter – June 25, 2013.
Written By: Brett J. Rosen and Andrew J. Koopman On March 19, 2013, the U.S. Supreme Court issued a 6-3 decision holding that the “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad.
Written By: Robert A. McKinley On February 27, 2013, new legislation was introduced that proposes shifting attorneys fees to non-practicing entities (NPEs or trolls) if they lose patent infringement cases. The proposed legislation is referred to as the SHIELD Act of 2013, and is a welcomed improvement to targets of NPE litigation.
Written By Thomas G. Southard and Brian S. Seal As financial institutions race to capture a portion of the increasingly popular online and mobile banking markets, they are going to be targeted by patent owners in litigations across the country. There are, however, approaches they can take to protect themselves and their customers.
Written By Stephen D. Harper, Ph.D. and Brett J. Rosen Both the U.S. Patent and Trademark Office (USPTO) and the World Intellectual Property Organization (WIPO) recently issued new rules for bringing prior art publications to the attention of an examiner during examination of a patent application.
By Paul F. Prestia China intellectual property protection: not too many years ago that would have been considered an oxymoron. Then the Chinese government announced its future economy would be based on innovation, not manufacturing. With the pump primed by government subsidization, the flow of domestic Chinese patent applications soared from 380,000 in 2005 to [...]