Posts Archive


Restoring the Right to Permanent Injunctions: A Patent Reform Agenda

Overrule eBay v. MercExchange and grant permanent injunctions to victorious patent owners as a matter of right. This singular change to U.S. patent laws – which is …
By Gene Quinn
15 days ago 10

Open Prosecution as a Strategy to Counter IPRs Filed by Defendants

One of the most valuable benefits of Open Prosecution is when a patentee is forced to enforce a patent. If the patentee filed for a Continuation, it …
By Alec Schibanoff
15 days ago 10

Double jeopardy at the PTAB forces Allergan and others to seek sovereign immunity defenses

The PTAB subjects all patent owners to double jeopardy, but the situation is particularly bad for pharmaceutical companies which already have to face a Congressionally-mandated validity review …
By Steve Brachmann
15 days ago 0

Katie Prescott Returns to Fish & Richardson Silicon Valley Office

Fish & Richardson is pleased to announce that Katherine (Katie) Prescott has returned to the firm’s Silicon Valley office as of counsel. Prescott is a patent and …
By Press Releases
15 days ago 0

All patent infringement is willful patent infringement

The reality created by eBay in light of the AIPA is simple: If you scrape an invention off the USPTO website and massively commercialize it, you get …

Choosing Between Patents and Trade Secrets, A Discussion Worth Revisiting

Patenting and secrecy are the two major methods of protecting technology that supports competitive advantage. Trade secrets protect a wide range of confidential information, ranging from customer …
By James Pooley
16 days ago 5

Patent Drafting Webinar: Trends and Realities of 112 Disclosure Requirements

Join Gene Quinn on Thursday, November 9 at 2:00 PM ET for a free webinar conversation on the trends and reality of 112 disclosure requirements. Gene will be joined by …
By Gene Quinn
16 days ago 0

Pity the Patients if Exclusive Licensing is Undermined

We've learned from experience that just because a theory's off base doesn't mean it won't take root, particularly when it involves patents and medicine. "No Vaccines Before …
By Joseph Allen
17 days ago 1

Is the patent licensing market dead?

The clear consensus seems to be that the patent licensing market is not dead, but that the U.S. market is in decline and due to a …
By Gene Quinn
17 days ago 7

Patent-Based Financings: Unlocking Licensing Revenues While Mitigating IP Monetization Risks

Patent monetization has become nearly impossible for middle-market technology companies without engaging in some level of legal action. Management teams have consequently shied away from pursuing licensing …

PTAB, Patent Trolls, Bad Patents, and Data: A Wakeup Call to AIA Apologists

Of the 1,582 patents with a final written decision, 1,343 were found to have defects by the PTAB. That is an 85% defect rate. Only 239 patents were affirmed to be …

Facebook drops efficient infringement clause from its React software license

In late September, an official blog post published by Menlo Park, CA-based social media giant Facebook (NASDAQ:FB) and penned by Adam Wolff, the company’s engineering …
By Steve Brachmann
18 days ago 0

António Campinos elected next EPO President

The Administrative Council of the European Patent Organisation has elected António Campinos to succeed Benoît Battistelli as President of the European Patent Office (EPO). His …
By Press Releases
18 days ago 0

Importance of Motions to Stay in Modern Patent Litigation

The TC Heartland decision follows the trend of eroding patent holder rights due to the potential for infringers to more easily move the lawsuit to a more …
By David Newman
19 days ago 0

CAFC Rules Mass Transit Fare System Claims Patent Ineligible

In Smart Sys. Innovations, LLC v. Chi. Transit Auth., the majority of a Federal Circuit panel affirmed a district court’s holding that several claims of four …