Blog Posts

TC Heartland’s Effects: A Bang Or A Whimper?

Since tomorrow we’re celebrating Independence Day here in D.C., I thought I’d go back and revisit the Independence From Eastern Texas case, TC Heartland, to see how big of an effect it has really had so far.   Are we talking: Or more of a: Prediction And Reality Post-TC Heartland, a number of predictions (including…

IPR Statistics – Success Is Sector Specific

Yesterday, I published an extensive analysis of Senator Coons’ STRONGER Patents Act.  As I said then, the bill would neuter the IPR process, removing any real reason to ever pursue one (assuming you could even file one after the changes to the estoppel, real party in interest, and standing provisions.) One of the reasons I’ve…

STRONGER Patents, WEAKER Innovation

Yesterday, Senator Coons introduced his STRONGER Patents Act.  Senator Coons provided a section-by-section description of the bill, as well as the text of the bill.  And after reading it, I have some concerns.  Patent Progress previously covered Senator Coons’ STRONG Patents Act.  Much of STRONG Patents wound up in STRONGER Patents, and our analysis back…

Apple v. Qualcomm – Double Dipping and Breaking Promises

Back in January, Patent Progress wrote about lawsuits filed against Qualcomm by the FTC and by Apple.  Today, Apple filed an amended complaint against Qualcomm, based in part on new law resulting from the Supreme Court’s Lexmark decision on patent exhaustion. A High Water Lexmark In Patent Exhaustion The Lexmark case, while important, is actually…

Should Abstract Ideas Be Unpatentable?  The Answer Is A Snap

Tuesday, Kaldren LLC sued Snap.  (According to RPX, Kaldren is affiliated with IP Edge, a notorious patent troll.)  Kaldren sued over a set of expired patents on such wonderful ideas as: Printing out a machine readable symbol; Reading a machine readable symbol; Using an address in a machine readable symbol to retrieve information from that…

The Special Nature Of Venue In Patent Law

TC Heartland continues to impact the world of patent litigation.  I haven’t run the numbers yet on what’s happened since the decision came down, but just having read through the list of cases filed, the Eastern District of Texas certainly has seen a reduction in cases filed. Tomorrow morning, the House Judiciary Committee’s Subcommittee on…

ContentGuard: Arguendo

Today, we watched as a man stood in front of a panel and explained how the other side had behaved improperly and how the decisions they made were incorrect and contrary to applicable legal standards. I’m speaking, of course, of the ContentGuard oral arguments.  What did you think I was talking about? Oral Argument at the…

ContentGuard: Validity and Privilege

Monday I summarized the history of the ContentGuard cases, and yesterday I described the process of claim interpretation.  Today, we’ll turn to an issue that we’ve focused on recently, patent validity.  ContentGuard convinced the jury that the ContentGuard patents were valid—can they convince the Federal Circuit? Abstract Ideas We’ve written a lot about patents on…