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 [...]

Trump and the GOP’s focus on how IP affects drug prices, China IP theft, ignores how much U.S. patents have been weakened

Intellectual property issues are taking on new prominence in Washington, D.C., with the Senate scheduled to vote on the nomination of Andrei Iancu as the undersecretary of commerce and director of the U.S. Patent and Trademark Office, on Monday, Feb. 5 and President Donald Tump signaling his top IP priority in last night’s state of [...]

NPEs and operating companies filed fewer actions in 2017 driven by AIA and other market changes, RPX says

The patent enforcement business continued to struggle in 2017 with non-practicing entities and operating companies both filing infringement actions against fewer clients in recognition that changes in the patent market since 2011 have made it costlier and harder to extract settlements and especially nuisance settlements. That’s the big takeaway from RPX Corp. (RPXC)’s report “2017 [...]

By | January 3rd, 2018|Patent Investing, Patent Reform, PTAB, Supreme Court|0 Comments

Circuit Judge’s rebuke of Mohawk Tribe’s Allergan deal criticized as unnecessary, paternalistic

The Federal Circuit Judge who was overseeing the patent dispute between Allergan Plc and the Saint Regis Mohawk Tribe and generic drug makers in the U.S. District Court in Marshall, Texas, should have stuck to the law in deciding to invalidate the patents at issue rather than criticizing the tactic of using tribal sovereign immunity [...]

By | October 25th, 2017|litigation, Patent Investing, Patent Reform, PTAB|0 Comments

Saint Regis Mohawk Tribe defends its Allergan deal in reply to opposition to dismiss IPRs

The Saint Regis Mohawk Tribe defended the controversial transaction in which Allergan Plc assigned patents for the chronic dry eye drug Restasis to the tribe for a promise to use its tribal immunity as a shield against inter partes review challenges before the Patent Trial and Appeal Board. The defense came in the form of [...]

Retired Federal Circuit Chief Judge Michel sees Aqua Products decision as short term victory for patent owners

The Court of Appeals for the Federal Circuit's recent decision allowing patent owners the ability to amend claims of patents under review by the Patent Trial and Appeal Board in inter partes reviews is a short lived victory for patent owners and underscores the need for additional revisions, a former Chief Judge of the Federal [...]