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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It’s Time For The ITC To Recognize Smartphones Impact Public Welfare

Another day, another patent troll filing an ITC complaint.  In this case, Neodron—an Irish NPE—is trying to block the sale of products made by three prominent American tech companies: Amazon, Apple, and Microsoft.  This isn’t Neodron’s first ITC case, and it remains a travesty that the ITC continues to allow foreign non-practicing entities to use a statute designed to protect American companies from unfair foreign competition.

But this post isn’t about the absurdity of an Irish company that doesn’t make anything abusing a trade court—one designed to protect American companies—to try to extract a huge payday from those companies.  It’s about the ITC’s continued refusal to recognize that the world has changed. It’s about the ITC continuing to believe that smartphones have no significant impacts on public health, safety, and welfare.

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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…