Tag Archive for America Invents Act

Tribal Immunity May Not Be Wonder Drug For Allergan

This article was originally published on Law360 and is reprinted here. You’ve probably already heard the story. Allergan PLC owns patents related to relieving dry eyes. These patents allegedly read on their drug Restasis. They expired in 2014, leading to a group of generic manufacturers getting ready to enter the market with generic versions of the drug. In…

IPR Successes: The Next Five Years

Over the past month, I’ve shown just how successful the inter partes review (IPR) program has been in its first five years.  IPR has saved billions of dollars and helped everyone from city governments to realtors to the targets of patent trolls funded by foreign countries.  Those stories are listed below: IPR Successes: Trolls and…

IPR Successes: Cleaning Up Messes

APTWater makes water treatment systems that clean up polluted groundwater and wastewater.  You’ve probably never heard of APTWater.  I hadn’t, nor had a friend who lives near their headquarters and works on water issues. Of course, that didn’t stop a patent troll from suing APTWater over their wastewater treatment technology.   APTWater wasn’t the only one…

IPR Successes: Trolls and Tolls

IPR Highway Sign

September marks the five-year anniversary of inter partes review (IPR), and Patent Progress is highlighting how successful the system has been at achieving its stated goals of increasing patent quality by providing a second look at invalid patents and decreasing costs by providing an efficient alternative to litigation.  Last week, I showed that, in those 5…

SCOTUS Taking Case On Partial Institution Of IPRs

One of the biggest changes coming out of the 2011 America Invents Act (AIA) was the creation of the inter partes review (IPR) procedure, which allows people to challenge the validity of patents after they’ve issued.  Today, the Supreme Court granted certiorari to determine whether an IPR can be “instituted” on only some of the…

Hiding the Patent Troll Problem with Statistics

The Government Accountability Office (GAO) just released its long-awaited study on the consequences of patent litigation by NPEs, and we’ve been hearing story after story reporting that the report shows that there is no patent troll problem. (See here and here for examples.) It just ain’t so. The author left out a lot of patent…

Patent Fixes Pick up Steam in Congress

(Cross post on DisCo) What a difference a year makes in Congress.  Last year, Reps. DeFazio (D-OR) and Chaffetz (R-UT) introduced the Saving High-tech Innovators from Egregious Legal Disputes (SHIELD) Act.  The bill generated some attention in the press, but never made it onto the campaign year legislative agenda. Then we hit a tipping point…

Schumer Proposes Expansion of Covered Business Method Program

Today Senator Schumer announced a proposal to expand the “covered business method” program instituted at the U.S. Patent and Trademark Office by the 2011 America Invents Act (AIA).  That initiative, which took effect in September of last year, led to new rules to allow threatened businesses to formally challenge the validity of dubious patents before…

Obama Acknowledges Patent Troll Problem [w/ Transcript]

[Cross-posted on DisCo] It’s not often that the President or an Administration talks explicitly about detailed aspects of technology and intellectual property policy.  For President Obama, it has came up a few times: in Obama’s Reddit AMA, and the White House’s response to petitions about SOPA.  But today’s quotes from President Obama were even better. This afternoon, President…