Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

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Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

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Patents That Just. Keep. Going.

Recently, a set of more than a dozen lawsuits was filed by an NPE.  That wouldn’t really be news, most of the time—NPEs filed nearly 2,000 patent lawsuits in 2019.  But there’s a few things that are a little different about this case. First and foremost, the patent goes back to a patent application filed…

Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It

Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex.  But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not.  It explains, in detail, just…

Cross-Licenses, Royalty Stacking, and Patent Disputes

While the majority of U.S. patent litigation is now NPE litigation (and has been since at least 2009), litigation between operating companies continues to occur at roughly the same rate as it has for the past 20 years.  (So much for the idea that IPR or eBay destroyed the ability for patent owners to enforce…