It is good
news for patent owners with computer - implemented inventions and promises to bring a much more structured prosecution pathway.
Commercial Litigation Partners Lawrence K. DeMeo and Howard P. Goldberg, and Associate Ethan W. Marks, wrote an in - depth article describing the recent Federal Circuit decision in Dow Chemical Co. v. Nova Chemicals Corp. (Canada) and its
implications for patent owners in all industries.
An Alabama law firm is seeking damages
for every patent owner who's had one or more claims invalidated during America Invents Act proceedings.
As a result of globalization, the current manufacturing and importation process has become enormously complicated and creates considerable challenges
for patent owners seeking royalties or compensation at all levels of the manufacturing and distribution chain.
The Wi - Fi One decision creates an
opportunity for patent owners to seek review of PTAB institution decisions when the petitioner may be barred from filing an IPR petition due to a prior infringement action.
In practice, the very tight time restrictions in the AIA trial process, strict limits on the length of briefs, and the limited ability to conduct discovery may present
difficulties for a patent owner to respond to any newly raised evidence or arguments.
... fostering clearer patents with a high standard of novelty and non-obviousness; reducing disparity in the costs of
litigation for patent owners and technology users; and increasing the adaptability of the innovation system to challenges posed by new technologies and new business models; would likely have a similar effect today.
A federal district court in eastern Texas, for example, has — for several reasons — been one of the favorite
venues for patent owners.
Second, some stakeholders said that the potential for large monetary awards from the courts, even for ideas that make only small contributions to a product, can be an
incentive for patent owners to file infringement lawsuits.
Further, to balance such an outcome, it is
fortunate for patent owners to see the Supreme Court's Halo decision allowing for greater clarity and ease of use of the treble damages assertion.
The dissent also pointed out that the majority's decision creates a significant
disincentive for patent owners (especially ones that do not compete with the accused infringer) to act quickly upon learning of infringement.
Data released by RPX and Unified Patents shows that 2017 was another tough
year for patent owners (and their lawyers) in the US.
From these figures, the high rates of reexaminations resulting in all claims
confirmed for patent owner requesters may be raising the overall ex parte rates of claim confirmation.
The order in In re Cray, together with the Supreme Court's recent decision in TC Heartland v. Kraft Foods, should make it much more
difficult for patent owners to pick and choose among various courts in the country.
«Although Brown's facts would not be a common situation, it is generally
good for patent owners that the Federal Court of Appeal stepped in to head this technical challenge off at the pass.
The investment decisions by four technology companies come in the midst of a heated debate over whether it is too
easy for patent owners to extract large royalty payments, and whether patent buying firms spur or stifle innovation.
Those wishing to help fight big business giveaways and set America on a course for sustainable prosperity, not large corporation lobbied poverty, should contact us as below and join the fight as we are building a network of inventors and other stakeholders to lobby Congress to restore property
rights for all patent owners - large and small.
The decision is likely to make willfulness findings and enhanced damage awards more prevalent, and may have far - reaching
implications for both patent owners and companies accused of patent infringement.
For patent owners who'd licensed their inventions to other parties, one or more licensees would be required to corroborate the complaint.
In the short term, the decision is likely to make it easier
for patent owners to seek limited claim amendments in AIA proceedings, but the court invited the USPTO to implement rules allocating the burden of proof through future rulemaking.
Silicon Valley IP Litigation partner Shawn Hansen discusses a federal patent - infringement decision and how it could now be easier
for patent owners to secure injunctions in disputes over complicated technology and boost their bargaining power in settlement negotiations.
For patent owners, non-instituted grounds also have negatives.
Those wishing to help fight big business giveaways should contact us as below and join the fight as we are building a network of inventors and other stakeholders to lobby Congress to restore property rights
for all patent owners - large and small.