Latest News & Alerts

FTC to Open Investigation into Patent Trolls

After soliciting comments from interested parties over the past several months—including comments we submitted on behalf of leading Internet retailers— the Federal Trade Commission will open a broad–ranging inquiry into patent trolls according to the New York Times. FTC Chair Edith Ramirez plans to ask the Commission for approval to conduct an inquiry into the proliferation of...

Patents: Pennywise and Pound Foolish?

We’ve mentioned a study by James Bessen (of Boston University) before, relating to the economic effects of the so-called “patent troll” phenomenon. Seems as though there’s another Boston University Law & Economics Research Paper on the same topic which might be of interest to readers, published by Professor Bessen along with two colleagues from the University of...

Executive Action, Part II

In conjunction with its recommendations for legislative and executive action to combat the patent troll problem, the White House issued a study (reproduced below) cogently describing the rise of the patent assertion entity and the costs to the economy of their proliferation. Recommended reading. Patent Report View this document on Scribd Posted by David Swetnam-Burland

Executive Action On Patent Trolls At The Federal And State Levels

At the federal and state levels, the executive branches of government show signs of willingness to take steps to clip the wings of patent assertion entities (a/k/a patent trolls). With signs of legislative action at the federal and state levels as well, we may be witnessing a turning of the legal tide. White House Proposes...

An Encouraging Step By The ITC

We’ve spoken before about the ITC’s proposed discovery rules – and why limitations on discovery nearly always translate into limitations on otherwise out-of-control litigation costs. Thanks to ITC Blog, we’re aware that the final discovery rules have now been adopted. The rules are effective as of June 20th, and it is a welcome step by the ITC down a...

Never Mind The Gap at the Federal Circuit

CLS Bank was going to do for computer–implemented inventions what Bilski was going to do for business method patents. The Federal Circuit took the case en banc so that the entirety of the court could craft a ruling about when and under what circumstances adding a computer to an abstract method or system patent claim would suffice to render that claim...

A Licensee By Any Other Name

Following up on our prior post about the hubbub – whether exaggerated or true to form – of the ITC being the latest hotspot for patent trolls, submitted for your approval is an interesting decision from the Federal Circuit, which casts a jaundiced eye on the ability of non-practicing entities to rely on licensing activities to establish domestic industry....

The Patentee Behind The Curtain

The End Anonymous Patents Act, recently introduced in Congress by Ted Deutch, has already drummed up significant support and press. The Act would require disclosure of the real party in interest of a patent upon issuance or, in cases where patents are transferred, within a short time after acquisition—providing some much needed transparency to the...

Notes on a “Scan”–dal

Step away from the scanner. Or so says FolNer LLC and more than a dozen other shell companies, all claiming to own four patents allegedly covering the act of scanning a paper document and sending that scan by email. As reported by NBC Connecticut, a collection of LLCs with six–letter names (like FolNer) continues to target...

Back In The Saddle Again

We’ve mentioned Alcatel–Lucent before. We’ve certainly mentioned Newegg a time or two. And so, it is worth mentioning that Newegg has successfully battled another patent infringement claim all the way to the Federal Circuit. Alcatel had claimed its patents covered certain core elements of ecommerce functionality; Newegg (and Overstock) disagreed. The verdict, and the affirmance on appeal, sided with Newegg. We look...