America Invents Act

A cure for the common troll

A cure for the common troll

Our bridge into the 21st Century presently houses a nasty creature who demands a toll from the best and brightest in our community. The dreaded troll is a regular denizen of our current system of patent enforcement and he poses serious problems for technology companies. Despite the great expense of patent litigation, trolls are filing increasing numbers of patent suits aimed at technology companies, and particularly aimed at software and related areas of commerce. Their club of choice is the broad, complex, and vague patent claim. There are several means at our disposal, most of which are based on known mechanisms from other areas of the law, for dealing with these trolls, or more diplomatically, these "non-practicing entities." » Read more

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Patent reform and patent totalitarianism

Patent reform and patent totalitarianism

Touted as the most extensive revision of the patent law since 1952, the America Invents Act of 2011 was signed by the President on September 16. You might think in light of the celebration and rhetoric, that the Act was tackling the big problems such as patent trolls, broad and abstract patents, the billions squandered in the smartphone wars, or opportunistic litigation against users. You might think that. But you would be wrong. » Read more

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New patent reform law could reduce lawsuits by non-practicing entities

New patent reform law could reduce lawsuits by non-practicing entity

The Hidden Gem in the Bill:  Joinder Reform

So it has finally happened: a patent reform bill has actually become law. Last Thursday, the U.S. Senate voted 89-9 to send H.R. 1249 to the White House, where it was signed into law today.  While I have pointed out in the past that this bill misses out on several aspects of reform that previous bills attempted, it does include some useful aspects.

First, though, let’s discuss what the new law will NOT include. » Read more

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Patent reform bills with little reform

In my March 2 post on patent reform, I noted that many of the provisions offered in prior versions of patent reform bills were removed from the pending bill. On March 8, the Senate passed S. 23, now called the “America Invents Act” 95-5. As one might guess, any legislation passed with such unanimity must present little controversy. Such is the case here, as the bill was further stripped before passage, leaving little reform to match the hype with which it was passed. » Read more

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