Tag Archive for Abusive Patent Litigation

Blackbird Gets Wings Clipped In Lighting Litigation

Last week I wrote about Blackbird Technologies, a relatively new patent troll with some ethical and practical issues.  As I found out via Patently-O, it turns out that I’m not the only one who was wondering how they were going to keep confidential information away from their lawyers.  In Blackbird Tech. v. Service Lighting et…

The Scorpion and the Frog, or, If Intellectual Ventures Is For Something You Should Oppose It

Comprehensive patent reform has stalled in the Senate. You might think that would be enough for the patent trolls. But no, they’re still trying to kill real patent reform for good. How? By pushing for legislation in the House and the Senate that addresses the contents of demand letters without litigation reforms or patent quality improvements. Vague demand letters from patent…

Supreme Court Helps Rein In Patent Trolls, Legislation Still Needed

It’s another big day in patent law, as the Supreme Court issued decisions in two fee-shifting cases: Octane Fitness and Highmark. The Federal Circuit’s opinions were unanimously rejected in both cases, continuing a pattern I noted a few weeks ago. But most importantly, the Supreme Court recognized the importance of fee-shifting in curbing abusive litigation.…

Patent Progress’s Guide to Patent Reform Legislation

The US Capitol Dome

There are now twelve bills that have been introduced this Congress to deal with some aspect of the patent troll issue. We thought it might be helpful to give you a quick rundown of each of the currently pending bills: Innovation Act (H.R. 3309) Patent Transparency and Improvements Act (S. 1720) Patent Quality Improvement Act…

Will SCOTUS Do Anything About Fee-Shifting?

Yesterday, the U.S. Supreme Court heard arguments in two related patent cases, Octane Fitness LLC v. ICON Health & Fitness LLC and Highmark Inc. v. Allmark Health Management Systems. Both cases have to do with the standard for fee-shifting in patent cases, but it’s the Octane case that is the most relevant. The statute, 35…

Obama Administration Stays Focused on Patent Quality

Last June, the Obama Administration announced a number of executive actions to tackle the patent troll problem and improve patent quality. President Obama also talked about patent reform in his State of the Union speech this year. Today, the Administration followed up with a progress report and some new actions. Overall, there are good developments…

Stop the Secondary Market for Patents From Running Wild

In this post, I want to address the notion that the secondary market for patents is too valuable to risk regulating. Patent trolls and their defenders often argue that a “vibrant” secondary market benefits inventors, which implies that any restrictions on patent transfers harms inventors. One recent op-ed in the Seattle Times caught my eye.…