Steve Moore
Posts by Steve Moore
A Big Change in the ANDA Litigation Paradigm: Lex Machina’s Legal Analytics
For those of you that do ANDA litigation, as well as other types of patent litigation, you know that ANDA litigation is very different. How a judge …
Identifying the Real Patent Extortionists: A Review of the Extortionist Demand Letter
Congress is on the cusp of passing legislation that is said to be designed to control the so-called “patent troll.” Of course, as belatedly recognized by the …
The Small Practicing Entity Bears the Brunt of USPTO IPR Challenge Procedures
Nearly 44% of all patents on which petitions were filed against are patents being held by large entities. While this is a significant increase from the earliest days …
What New Patent Legislation Portends for the Small Entity Patent Filer
At this time of year we often see many prognostications of what the future holds. From the prospective of the small entity patentee we see big changes …
Part 2 – The AIA: A Boon for David or Goliath?
Our inter partes challenge data from pre- and post-passage of the AIA clearly show that of the relatively few initial denials made by the USPTO of an …
The AIA: A Boon for David of Goliath?
Legend #1: Small Companies have greatly benefited from the new inter partes review procedure in their challenge of the patents of others. Truth: The ratio of large to …
Patent Troll Epilogue – A Fractured Fairy Tale Part 5
How we deal with the problems uncovered herein is something for deliberate consideration, not the activity of an automaton. For example, this paper demonstrates that patents asserted …
A Factured Fairytale Part 4: More Patent Troll Myths
As can be seen from Fig. 12, 25% of the cases brought against the retailer were actually brought by Producer companies. The other 75% of cases could indeed be classified …
A Factured Fairytale Part 3: More Patent Troll Myths
Myth 4: Patents of NPEs fare much more poorly in reexamination proceedings brought during litigation than those of Producers. Truth: When one includes independent inventors and independent inventors …
Probing 10 Patent Troll Myths – A Factured Fairytale Part 2
There are many myths that are attached to the fable of the so-called “patent troll.” Acting like the MythBusters, we probed some of them. For example, the …
A Fractured Fairy Tale: Separating Fact & Fiction on Patent Trolls
Our first move was to understand who was being identified as “Trolls” by the authorities who have been writing articles so long on the topic. We were …
