Posts
Discretionary Denials at the PTAB Continue to Rise, Benefit NPEs
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-ca...
When Does “Without Ads” Mean “With Ads”? When You Want To Abuse A Patent
Funimation is a successful anime streaming company. It has a monthly subscription tier, which is ad-free, and a free tier, which includes advertisement. This week, failed company Firtiva filed a l...
One Case, All The Problems: VLSI v. Intel Exemplifies Current Issues In Patent Litigation
Patent litigation suffers from a number of issues at present.
Hedge funds backing non-practicing entities (NPEs) in order to chase a share of billion-dollar judgments. Plaintiffs using d...
Appropriateness Of APJ Appointments To Be Argued Monday In Arthrex
On Monday, the Supreme Court will hear oral argument in U.S. v. Arthrex (also referred to as Arthrex v. Smith & Nephew, one of the consolidated cases at issue). The appeal, which will addres...
New Study Shows That IPR Delivers An Economic Benefit, Even If The District Court Doesn’t Stay Litigation
New research from the Perryman Group shows that inter partes review (IPR) is economically beneficial, even if co-pending district court litigation isn’t stayed. The Perryman study, commissione...
Senator Leahy to Take Chair of IP Subcommittee
I’ve been informed that, contrary to what many expected, Senator Leahy will be taking over the Chair of the Senate Judiciary Subcommittee on Intellectual Property, with Senator Coons moving to a new...
Fintiv Denials Playing a Role in Huawei Assertion Campaign
Whenever we discuss the U.S. patent system, it’s critical to recall that while these patents are U.S. patents, anyone in the world can obtain one. And they do. In fact, in FY2020, of the...
All Hands on Deck: Ensuring Innovation, Not Just Patents, From All
As the Iancu era at the U.S. Patent and Trademark Office comes to a close, one of the USPTO’s initiatives has focused on promoting diversity in patenting. The newly established National Counci...
Unwired Planet, International Chaos
Late last August, the UK Supreme Court issued a ruling in Unwired Planet permitting UK courts to assert jurisdiction over worldwide rate-setting in standard-essential patent (SEP) disputes. I predicte...