Posts Tagged: "Gene Quinn"

Patent Litigation in the United States, 1980 to 2020

Is patent litigation out of control? Has patent litigation ever been out of control? The answers to these questions largely depend upon your point of view, and as with most complex topics, the truth is nuanced. What is not nuanced are the numbers reported in the annual reports from the  Administrative Office of the United States Courts, which shows that the number of patent cases that reach trial are extremely few. In fact, the number of cases that make it to the final pre-trial conference represents a small subset of the number of cases that are filed. I initially started this research in 1997, while working on my Master’s thesis, which dealt with patent litigation and the use of alternative dispute resolution. The real growth in patent litigation over the last 40 years has taken place before trial. Between 1980 and 2020, the number of patent cases reaching trial ranged between a low of 63 (in the COVID-19 affect FY 2020) but was otherwise at a low o 64 (in FY 2019) and a high of 164 (in FY 2016). All are a remarkably low number of cases that proceed to trial given the number of patent lawsuits commenced.

IPW Webinar: Re-engineering IP Law Firms to Adopt a Growth Mindset

Much of what IP lawyers do can be facilitated and streamlined with technology, but most law firms are not well prepared for widespread digital transformation. To address this problem, forward-thinking firms are placing their growth in the hands of Chief Executives who know the legal business but are adept at running and growing an increasingly agile enterprise that is required…

IPW Webinar: Growing Beyond Borders with Foreign Trademark Filings – Best Practices in 2021

Your business name, logo, and overall brand is how people will identify with your goods and services, so you want to have one, clear identity.  That identity and brand should be shared and viewed consistently around the world to the greatest extent possible. Just like domestic U.S. trademarks are not only for large multinational corporations, international trademarks and brand protection…

IPW Webinar: The Good, the Bad, and the Ugly – Outlook for the U.S. Patent System

Without innovation, nothing of consequence happens, or matters, in any technology sector. And without strong patents, much of that innovation will never happen. The innovation we most want for the benefit of society is paradigm-shifting, disruptive innovation that leaps forward. These forward leaps lead to the formation of new start-up companies and frequently to the birth of entirely new industries,…

IPW Webinar: How Corporations Can Manage IP Budgets to Reduce Unnecessary Spend

Whether it is true or not, IP is often characterized as a cost, making it a prime target for cost-cutting measures during times of shrinking budgets. Add to this that surveys show that over half of IP department heads are anticipating severe budget cuts for 2022 and getting this budget cycle right could not be more important for the future…

IPW Webinar – Patent Purgatory: How the USPTO Puts Patent Applications on Hold, and How One Inventor Is Fighting Back

What happens when the United States Patent and Trademark Office does not want to give an inventor a patent? We can all recite what is supposed to happen, but what if the Office really does not want the person to get a patent to the point that the Office simply refuses to move prosecution forward, or constantly reopens prosecution even…

IPW Webinar: Patent Litigation: Lessons in the Rearview Mirror

Markets are changing, technology is changing, and the approach to negotiation and patent litigation is changing. Still, some things are constant; namely, competent technical information is necessary to make data-driven decisions. Given the benefit of hindsight and reflection, what information has proven to be the most persuasive, most helpful documentation or evidence to ultimately achieve the best possible outcome? Join Gene…

COVID IP Waiver Attempts are Becoming Harder to Justify

Last week, at a meeting of the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO) members had an opportunity to engage in small group and bilateral meetings to discuss the proposals by South Africa and India to waive patent and trade secret protections relative to COVID-19 innovations, as well as the proposal from the European Union regarding the use of current TRIPS compulsory licensing provisions during a pandemic. Some delegations believed the discussions were encouraging, while others expressed more skepticism, pointing out that a deal will not be achieved “unless delegations are able to make some real compromises.” See Members pursue convergence for IP COVID-19 response.

IPW Webinar: The Future of IP: Megatrends in Times of Upheaval

Covid-19 and the Digitization of Intellectual Property (IP) In June 2021, Dennemeyer published a detailed study informed by the extensive individual experience of more than 50 experts coming from IP law practice, academia, government, industry, and IP offices worldwide. The deepest insight from the study shows that the changes thrust upon the world during an unprecedented year of 2020 were the catalyst for…

Kathi Vidal Floated as Possible USPTO Director Nominee

According to sources on the Hill, Kathi Vidal of Winston & Strawn is now high on the list of potential nominees for a new U.S. Patent and Trademark Office (USPTO Director). Several sources IPWatchdog has spoken with say the Biden Administration is openly floating her name, and she could be named as President Biden’s nominee for the USPTO post within a matter or weeks, or even days, if there is not substantial pushback.

IPW Webinar: China’s New Patent Law: Explaining Substantial Changes Years in the Making

Insufficient patent protection and enforcement in China has been a long-standing frustration not just for international but also domestic rights holders. After several rounds of revisions and years in the making – the revised PRC Patent Law entered into force on June 1, 2021. The fourth amendments bring substantial changes including the creation of a patent linkage system, introduces an…

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre

While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases. Reading these decisions is becoming nauseating. The resentment of the Federal Circuit built up toward Judge Albright is palpable, yet at the same time the Federal Circuit ignores first principles and well-established law in an attempt to move patent cases from the forum selected by the patent owner plaintiff to a forum decidedly in favor of the defendants.

IPW Webinar: The Global Fight Against Counterfeits: Business Reality & Enforcement Strategies

Counterfeit products are an enormous problem for businesses all over the world, from consumer goods, to software, to pharmaceuticals, counterfeits have become nearly ubiquitous. Counterfeiters easily (and conservatively) cost brand owners many hundreds of billions of dollars each year. Given the low risk of getting caught, high-profit margins, and often lackluster and uncoordinated enforcement regimes, fighting counterfeits is an ever-growing…

IPW Webinar: Balancing Product Development & Patent Risk: Freedom-to-Operate and Avoiding Liability in the Face of Mega Verdicts

Patent infringement risk can cost companies hundreds of millions of dollars and carries with it the threat of triple damages in cases of willfulness. And while in recent history the possibility of large verdicts seemed unlikely, over the past year the industry has seen a sudden increase in billion-dollar mega-verdicts, some with willfulness enhancements. With an overabundance of data, new…

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