Tag: patent troll
An End of Year Look at the ITC
As we close in on the end of the year, it seems like a good time to look at who exactly has been bringing cases before the International Trade Commission (ITC). The ITC’s mission includes investigat...
With frivolous NPE patent suits clogging courts, counsel’s diligence and ethics suffer
U.S. patent litigation is big business. Billion-dollar judgments, readily available litigation financing, and favorable venues and lax filing standards mean between three and four thousand suits are f...
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...
Yet More Evidence That NPEs Are Harmful To Innovation
Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014. Recently, they updated the paper, incorporating additional evidence and re...
ITC Institutes An Investigation… Based On An NPE’s Complaint
Yesterday, the International Trade Commission (ITC) instituted an investigation based on a complaint filed by an apparent non-practicing entity (NPE), SIPCO. The ITC, as Patent Progress has covered ...
NPE Resurrects Canceled Patent To Go After Restaurants
A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation. Its tool was a patent that claimed to cover mobile questionnaires. But after several ...
Sovereign Immunity, Upper Skagit, and Patents
Earlier this week, the Supreme Court released their decision in Upper Skagit Indian Tribe v. Lundgren. The opinion effectively held that the simple fact of in rem jurisdiction does not always bar cl...
Why Is The ITC Instituting Investigations On Expiring Patents?
Yesterday, the ITC published the Federal Register notice of the initial determination of an ITC administrative law judge (ALJ). The ALJ determined that the investigation, instituted in January based...
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 r...