Tag Archive for Abusive Patent Litigation

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.…

Judge Rader misses the point

At IPWatchdog Gene Quinn covers a speech by Federal Circuit Chief Judge Rader at the Association of University Technology Managers in San Antonio.  According to the post, the Chief Judge said matter-of-factly Yes, I do think there is a litigation abuse problem.” Game on! Chief Judge Rader would go on to discuss the blackmail-like shake-downs…