Posts Tagged: fee shifting


En banc CAFC: Patent applicant Not required to pay PTO attorney fees in District Court appeal

NantKwest filed suit in district court under 35 U.S.C. § 145 to contest the PTO’s rejection of its patent application. The USPTO prevailed and filed a motion …

Lincoln loved our patent system, Let’s not tear it down

Abraham Lincoln once called the patent system one of the three greatest advances in human history, along with the discovery of America and the printing press... The …
By Joseph Allen
4 years ago 11

Patent Fee Shifting Stops Not Only Patent Trolls But Industry Bullies Too

What may be less well known is that Octane was not itself a “patent troll” case. Rather, Octane involved another kind of abusive patent litigation; namely, a …

The path to prosperity requires sound patent policy, not more patent reform

Innovation is the lifeblood of a prosperous economy. Sound patent policy, which encourages the nexus between risk and ideas (especially for small entrepreneurs), makes invention profitable. The …

Will the Obama Administration continue to seek amendments to the Innovation Act?

As patent reform keeps chugging along in Washington, an important briefing was held on Thursday, July 23rd, between members and staff of the U.S. House of …
By Steve Brachmann
4 years ago 14

Patent Reform riddled with intended, unintended, and unknown consequences

Most Congressional offices now understand how loser-pay, bonding and joinder stops the flow of capital to innovation startups, how customer stays make defending patent rights impossibly difficult, …

Is the patent system self correcting, or are we going too far?

Everybody has to be careful because you’re right if we undermine our patent system that is the only thing that allows America to remain strong competitively …
By Gene Quinn
4 years ago 1

Behind the Scenes on Octane Fitness and Fee-Shifting

I think there was certainly a level of abuse prior to patent trolls from larger companies that weren’t scrupulous trying to sue smaller companies and using …
By Gene Quinn
4 years ago 6

University exception to fee shifting in PATENT Act won’t help Iowa State or University of Iowa

Senator Chuck Grassley (R-IA) added language to the fee-shifting provisions in the PATENT Act that would offer an economic hardship exception to fee shifting for “an institution …
By Gene Quinn
4 years ago 5

The Grassley PATENT Act will make our faltering patent system worse for innovators

Today, our patent system is faltering. For the first time in our history, inventors and their counsel are considered villains for defending hard-earned patent rights. Companies that …
By Bob Krause
4 years ago 11

Only patent owners are despicable enough to pierce the corporate veil

The reach of the veil piercing is also unprecedented. The proposal implies that an inventor who assigns to other companies that make no products and stand to …
By Michael Risch
4 years ago 22

House Judiciary approves Innovation Act despite clear lack of consensus

Dissent among members of Congress on the nature of the Innovation Act was evident from the opening remarks of the committee’s two ranking members. Congressman Bob …
By Steve Brachmann
4 years ago 0

Patent Reform 101: A comparison of current fee-shifting language

Goodlatte was incredulous, explaining that he sees no substantive difference between the language in the Innovation Act and the language in the PATENT Act. The difference between …
By Gene Quinn
4 years ago 4

House Judiciary to Markup Innovation Act this Week

The House Judiciary Committee will hold a hearing on Thursday morning, June 11, 2015, at 10am ET in order to markup the Innovation Act. The Manager's Amendment is currently …
By Gene Quinn
4 years ago 0

The Ups and Downs of the Innovation Act of 2015

Strong patent protection is almost universally considered critical to robust innovation. Venture capital and private investment in new technology-based businesses heavily depend upon it. Yet, the Innovation …
By Glenn Forbis
4 years ago 5