Optimism about reset of U.S. patent system under Trump upended by risky trade war with China

Much of the optimism patent licensing companies once had about a reset of the U.S. patent system under President Trump seems to be at risk in a risky trade war with China that some think could harm American technology and licensing companies for a generation or more. The optimism about Trump was felt in large [...]

By | September 28th, 2018|China, Patent Investing, Patent Reform, PTAB, USPTO|0 Comments

Serial IPR petitioners abuse the IPR process according to Robins Kaplan study

The Patent Trial and Appeal Board has adopted a much too permissive approach to allowing petitioners to file serial inter partes review challenges of the same patent with some of the biggest abusers such as Apple and Microsoft filing duplicative IPRs 56% and 59% of the time. That's according to a new study by the [...]

By | September 14th, 2018|Patent Investing, Patent Reform, PTAB, Uncategorized, USPTO|0 Comments

FTC is urged to reign in predatory companies who infringe and refuse to take a patent license

The Federal Trade Commission should reign in the predatory and unfair trade practices of large companies who use their market power to acquire new technologies invented and patented by third parties and systematically and intentionally infringe patents and refuse to pay for a license. That’s the recommendation of the Alliance of U.S. Startups and Inventors [...]

The great shake out in patent monetization is coming in next 12 to 18 months

The patent licensing industry is experiencing a great shake out and is likely to shrink significantly over the next 12 to 18 months as companies looking for a new strategy to boost revenue and profits with little hope of success go out of business. That’s because patent values have been beaten down by the six [...]

By | July 27th, 2018|NPE, Patent Investing, Patent Reform, Patent sale|0 Comments

(Update1) Contingency lawyers are more reluctant than ever to represent patent owners in current environment

Contingency lawyers who once were willing to represent significant inventors, universities, medical laboratories and even non-practicing entities say for many it’s become too costly and risky to take on contingent cases thanks to controversial decisions by the U.S. Supreme Court on injunctions, patentable subject matter, damages and venue. Contingent law firms agree to take on [...]

Inability to get injunctive relief hurt Apple’s position in patent dispute with Samsung

With the smartphone patent war between Apple Inc. and Samsung Electronics over it’s worth thinking about what was accomplished and what was won or lost. The two technology giants, who are among the biggest patent owners in the world, spent perhaps between $100 million and $200 million on legal fees combined during their seven year [...]

By | June 28th, 2018|litigation, Patent Investing, Patent Reform|0 Comments

(Update1) High court’s ruling on constitutionality of IPRs said to weaken U.S. Patent System and threaten U.S. innovation

The U.S. Supreme Court’s ruling in Oil States v. Greene Energy upholding the constitutionality of the inter partes review process before the Patent Trial and Appeal Board may have cemented a weaker patent system that will hurt innovation in the U.S. and soon allow China to surpass the U.S. as the leading innovator in the [...]

By | April 24th, 2018|Patent Investing, Patent Reform, PTAB, Supreme Court|0 Comments

Reps. Stivers and Foster to introduce patent-owner friendly STRONGER Patent Act in the House

Representatives Steve Stivers (a Republican from Ohio) and Bill Foster (a Democrat from Illinois) are expected to introduce the House version of last year’s Support Technology & Research for Our Nation’s Growth and Economic Resilience (STRONGER) Patents Act, which was introduced in the Senate Even before it was introduced in the House the bill had [...]

Senators Cotton and McCaskill introduce bill to take away tribal sovereign immunity from patent challenges at the PTAB

Senator Tom Cotton (R-Arkansas) and Senator Claire McCaskill (D-Missouri) today introduced legislation aimed at depriving Native American Indian Tribes from using their sovereign immunity to shield patents from inter pates review challenges before the Patent Trial and Appeal Board. The concept of using tribal sovereign immunity to shield patents from IPRs was dreamed up by [...]

By | March 7th, 2018|Patent Investing, Patent Reform|0 Comments

(Update 1) St. Regis Mohawk Tribe files to appeal PTAB rejection of tribal sovereign immunity from IPRs to the Federal Circuit

The Saint Regis Mohawk Tribe, as expected, said it plans to appeal the Patent Trial and Appeal Board's decision rejecting the tribe's effort to use its tribal sovereign immunity to shield a patent related to the chronic dry eye drug Restasis from a challenge in inter partes review. The PTAB rejected the tribe's motion to [...]