(Update2) RPX seeks en banc review of Federal Circuit ruling remanding IPR ruling to PTAB due to real party in interest issues

RPX Corp., the patent risk aggregator and provider of NPE litigation loss control services, has petitioned for an en banc ruling by the Court of Appeals for the Federal Circuit after a three judge panel ruled that the Patent Trial and Appeal Board erred in finding that RPX was the real party in interest in [...]

By | September 14th, 2018|Federal Circuit, Patent Investing, PTAB, Supreme Court|0 Comments

Patent licensing companies are turning to M&A bankers to sort out value in a down market

When Finjan Holdings Inc. (FNJN) went looking for an investment bank to advise it on recently emerged strategic opportunities, it didn’t choose one with proven intellectual property expertise. Instead, the cybersecurity technology and patent licensing company run by CEO Phil Hartstein, chose Atlas Technology Group, a boutique investment bank with experience advising on software mergers [...]

By | August 9th, 2018|Patent Investing, PTAB, Supreme Court, USPTO|0 Comments

Jury awards WiLAN $145M in patent infringement dispute with Apple

A jury in the U.S. District Court in the Southern District of California awarded WilAN Inc., a unit of Quarterhill Inc. (QRTH) $145.1 million in damages in a patent infringement dispute with Apple Inc. Ottawa, Ontario-based WiLAN said the dispute involved infringement of WiLAN's U.S. patent Nos 8,457,145 and 8,537,757. The award is one of the [...]

(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 [...]

(Update1) High Court’s ruling on so-called ‘partial institutions’ of IPRs seen benefiting petitioners and patent holders

The U.S. Supreme Court’s decision in SAS v. Iancu, which rejects partial institution decisions on inter partes reviews,  is far more momentous than the high court's decision in Oil States v. Greene Energy, which affirmed the constitutionality of the IPR process, because SAS revises existing practices while Oil States reinforces the status quo. In SAS [...]

By | April 24th, 2018|Patent Investing, PTAB, Supreme Court, USPTO|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

High court upholds the constitutionality of the IPR process as expected in blow to patent holders

The U.S. Supreme Court upheld the constitutionality of the inter partes review process before the Patent Trial and Appeal Board in a 7-2 decision in Oil States Energy Services LLC v. Greene’s Energy Group LLC written by Justice Clarence Thomas in which the hight court emphasized the narrowness of the decision and noted arguments not [...]

President Trump would help U.S. tech companies more by strengthening U.S. IP system than by attacking China

President Trump may have to lead a revitalization of the U.S. Patent system if he really wants to succeed in combatting Chinese companies' China government sanctioned theft of U.S. innovation, patents and technology, patent market observers say. Earlier this month, the U.S. filed a complaint against China at the World Trade Organization in which it [...]

(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 [...]