House Judiciary Subcommittee Offers a Solution in Search of a Problem – Part 2

Last month, the House of Representatives’ Judiciary Committee’s Subcommittee on the Courts, Intellectual Property, and the Internet Subcommittee held a hearing to examine patent litigation activities at the U.S. International Trade Commission (ITC). In last month’s feature article, we summarized the testimony of the first three witnesses who appeared before the subcommittee. This month, we summarize the testimony of the second three witnesses.

House Judiciary Subcommittee Offers a Solution in Search of a Problem – Part 1

With the recent lack of progress with several anti-patent rights bills brought before Congress in this session, the anti-intellectual property rights lobby has turned its efforts toward the alternate remedy available to patentees whose patents have been infringed, the International Trade Commission.

The Innovation Continuum: Putting Things in Perspective

At the recent NPE 2016 Conference in New York, a topic that came up repeatedly was the role that NPEs (or PAEs as the Federal Trade Commission calls them) play in the entire innovation experience – what we call in this article the “Innovation Continuum.” For the purpose of this article, we prefer the term “patent licensing company” to describe an enterprise that generates most of its income from licensing patents and other intellectual property.

Out of 2,600 Challenges, Patent Trial and Appeal Board Has Invalidated 571 Patents

Since the Patent Trial and Appeal Board (PTAB) replaced the Board of Patent Appeals and Interferences (BPAI), a total of 2,600 petitions for Inter Partes Review were filed with the Board. Of these, 571 patents (22%) were invalidated as a result of all claims being ruled unpatentable. There were 114 patents that survived with only some claims ruled unpatentable. And 107 patents survived with all claims intact. We take a look this month at some Patent Trial and Appeal Board statistics, but first a little background.

2015 Was an Up and Down Year for Issued U.S. Patents and Patent Applications

We have seen a steady increase in the number of patents issued each year by the U.S. Patent and Trademark Office since 2009. The statistics are in for calendar year 2015, and it appears that the growth trend is slowing. With a concerted effort by the USPTO to decrease patent pendency, some believed that we would see more patents issued in 2015, but that was not the case. Many see the issuance of U.S. Patents to U.S. businesses and universities as a quantitative indicator of American innovation, so we are analyzing the numbers from that perspective.

Apple v. Samsung: A Dozen Lawsuits, Four Years and 548 Million Dollars

Those who enter into heated money-related disputes will often claim that it is “not about the money, it’s the principle of the thing.” That statement is rarely true. It is almost always about the money. But in the case of the lengthy Apple-Samsung lawsuits that have come to be known as the “smartphone patent wars” it really never was about the money.

No Business Understands the Value of IP Better than Apple

The idiom “beg, borrow or steal” refers to going after something you want and doing anything to get it. In the case of Apple, it craves the latest technologies and does not have to beg or borrow or steal. Apple just pays cash for what it wants, and often pays a premium. With $200 billion in cash (yes, “billion” with a “b”) on hand, Apple has the luxury of just buying the intellectual property it wants.

The Apple-Samsung Lawsuits Were Not the Beginning of IP Litigation for Apple

Long before the famous Apple-Samsung iPhone patent wars, Apple was involved – as both plaintiff and defendant – in several litigations involving intellectual property rights. Here are just a few of the more notable trademark and patent lawsuits involving this American icon.

The Beatles vs. Apple

Drafting and Prosecuting Patents to Avoid Inter Partes Review

There is no way to make a patent invulnerable to challenge in an Inter Partes Review (IPR), but there are ways to make a patent less appealing as a target for IPR and also less susceptible to a finding of un-patentability in an IPR. The authors of this paper have extensive experience in IPR as well as in patent prosecution, which gives us a unique perspective as to how our actions in procuring patents affect a client’s ability to defend those patents against a validity challenge in IPR.

Innovation and PATENT Acts Generate Considerable Political Turmoil

The Innovation Act (H.R. 9), that is currently stalled in Congress and not scheduled for a vote at the writing of this article, has generated considerable political controversy. Patent legislation never draws this type of news coverage and interest, and maybe it’s about time it did!