Blog Posts

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…

Announcing the 2020 Patent Progress Writing Competition

We are pleased to announce the 2020 Patent Progress writing competition.   This competition, open to current law students, solicits scholarship regarding patent law.  This year’s general topic is new issues in patent law and policy related to the trend towards complex multi-component products.  Examples of such issues include apportionment of damages, the smallest saleable patent…

USPTO, DoJ, and NIST Issue FRAND/SEP Policy Statement

Last week, the U.S. Patent and Trademark Office, U.S. Department of Justice, and National Institute of Standards and Technology issued a joint statement on standard-essential patents (SEPs).  The statement clarifies the agencies’ position on an earlier 2013 statement made by USPTO and DoJ while completing the process of formally withdrawing from that statement. In essence,…

New Bill May Lead To Overly Aggressive Blocking Of Goods At Border

A new bill, introduced by Sens. Coons, Tillis, Hirono, and Cassidy, would give Customs and Border Protection (CBP) officers the authority to seize goods at the border if they involve design patent violations.  Customs already has this authority for goods that violate copyrights or trademarks. But design patents work differently.  Trying to use the same…