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Fintiv: More Work, Less Quality

When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system e...
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A Solution to the OpenSky Problem

I have written several times about the $2.2 billion verdict in the VLSI v. Intel case.  The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from c...

Fintiv Analysis Proves That Fintiv Is Being Used To Leave Likely Invalid Patents In Force

A recently released study from Unified Patents has put numbers to the sense many patent attorneys already had—the Patent Trial and Appeal Board is spending a lot of time on Fintiv discretionary deni...

Why SMART Isn’t Smart – Importing FRAND’s Flaws Into Copyright

This piece was originally posted at the Disruptive Competition Project. “Intellectual property,” as a term, is a problem.  It groups together areas of law that, while they may share some ...

Is litigation finance turning justice into the newest financial asset?

The U.S. Supreme Court famously has the words “equal justice under the law” emblazoned above its front door. While the application of this phrase is subject to debate in the courtrooms, committee...

Yet Another Private Equity NPE at the ITC

Stephen Breyer is retiring, Jeopardy has new hosts, and the Cincinnati Bengals have made the Super Bowl—the world changes constantly. Some things don’t change, though—patent trolls are still ...

Albright Names NPE Lawyer As New Magistrate Judge For Waco

With the transformation of his Waco courtroom into the venue for more than 25% of all patent cases in the United States, Judge Albright can’t keep up with all the business he’s “drummed up” fo...

The Pat-Signal Is Going Dark—Senator Leahy Won’t Seek Re-Election

Senator Patrick Leahy (D-VT) has announced that he won’t be seeking re-election to the Senate for a ninth term.  First elected in 1974, Senator Leahy has spent nearly 50 years in the Senate, focuse...

Sens. Leahy and Tillis to Chief Justice Roberts: Something’s Up In Waco

The Senate Judiciary Committee’s IP Subcommittee had an active day yesterday with members sending out a pair of letters that suggest that they see some serious problems in the patent system. The ...

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