According to new data from Unified Patents, the rise in discretionary denials at the PTAB is showing no signs of slowing down. In 2019, there were 6 denials based on co-pending litigation (so-called § 314(a) or Fintiv denials). In these denials, the PTAB decides not to institute an inter partes review based primarily on related…
Tag Archive for non practicing entity litigation
Paycheck Protection Recipients Among NPE Targets
by Josh Landau •
The Paycheck Protection Program (PPP) is a federal business lending program established by the 2020 CARES Act, intended to help small businesses retain jobs during the pandemic. In order to receive funds, companies applied and explained how many jobs they would save with the money they received. All of that data is publicly available. Cross-referencing…
Meet the Western District of Texas—NPEs Certainly Have
by Josh Landau •
For years, the Eastern District of Texas was the favored stomping ground for patent trolls. Short times from filing to trial, shorter trials, judges with local rules friendly to patent plaintiffs, and a jury pool that tended to be friendly to plaintiffs all contributed to this. It probably didn’t hurt that Eastern District judges were…
Troll U: When Tech Transfer Stops Being About The Transfer
by Josh Landau •
When a university acquires patents without any tie to the university or attempt to transfer technology via startup creation and then asserts those patents, how can you tell the difference between a university and a patent troll?
NPEs at the ITC Illustrate Flaws in U.S. Trade Court
by Josh Landau •
This week, an Irish non-practicing entity (NPE)’s lawsuit against multiple U.S. companies got the go-ahead from a U.S. trade court designed to protect U.S. companies from unfair foreign competition. No, that sentence isn’t backwards. That’s exactly what the United States International Trade Commission (ITC) has done in the Neodrón investigation. Should the NPE win, the…