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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Latest Blog Post

GNOME Slays Troll

Last year, Patent Progress reported on a troll targeting the GNOME Foundation, a major open source coordinating entity.  Despite Director Iancu’s public statement claiming that trolls are a myth, this troll was very real.  In fact, it was one of the Rothschild NPEs, one of a plethora of companies Leigh Rothschild has used in nearly 900 separate NPE patent lawsuits to date.  

Fortunately, however, GNOME was able to retain quality pro bono counsel.  And after 10 months, they achieved not just a walk-away settlement where GNOME owes nothing, but actually went further.  Neither the Rothschild subsidiary in this litigation, Rothschild Patent Imaging, nor any other Rothschild entity—or any entity purchasing a Rothschild-owned patent—can bring a lawsuit where the lawsuit alleges infringement by any software that is released under an open source license recognized by the Open Source Initiative.

Recent posts

Thryv, the PTAB, and the APA

April’s Thryv decision by the Supreme Court clarified the nonappealability of institution decisions in inter partes review (IPR).  But by placing an absolute bar on appeal of institution decisions, Thryv effectively insulated the PTO’s choice of institution rules from appeal.  That’s not a good situation, and it’s one which the Director should actively seek to…

Open COVID Science Shows Patents Not The Only Incentive

The standard economic justification for patents is that they provide an incentive for inventions that we wouldn’t otherwise have.  In exchange for providing a patent owner with compensation for its invention, the inventor describes a new idea to the public and 20 years later, the public can use it.   There’s a lot of reasons why…

PTO Patent Licensing Marketplace Shows Potential, But Will Licensors Embrace It?

This month, the PTO announced that it would be opening up an online licensing market, “Patents 4 Partnerships.”  The market, which will initially focus on COVID-related patents, is intended to provide a centralized and easily accessible database of U.S. patents and published patent applications that have been voluntarily made available for licensing. There’s a number…