Posts Tagged: loser pays


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

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 …

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, …

If New Congress Picks Up Patent Reform, Let’s Hope It Drops Loser Pays

The most recent patent reform bill to pass the House, which is now expected to receive Senate backing as well, is the Goodlatte Innovation Act (H.R. 3309). …
By Michael Gulliford
5 years ago 32

Raising the Cost of Enforcing Patents: ‘Patent Reform’ Prices Small Businesses Out of the Inventing Business

The US House passed the Innovation Act (HR3309) in December 2013. The Senate is now well on its way to incorporating this legislation which will make Americans poorer. …

Congress and the Court: Loser-Pay Fee Shifting

U.S. patent litigation has followed the centuries-old “American Rule” under which each party to a litigation pays its own legal fees and costs, regardless whether it …
By Andrew Baluch
6 years ago 2

Unite to Fight Patent Reform Legislation

"Today, Congress is under another call to weaken patent protection. This time the alleged culprit is a so-called “patent troll” who, according to some reports, hijacks inventions …
By Randy Landreneau
6 years ago 59

CAFC Encourages Awards of Fee Shifting in Kilopass v. Sidense

In Kilopass Tech., Inc. v. Sidense Corp. (Fed. Cir. December 26, 2013), in a 2-1 decision, the majority suggested that the fee shifting provisions of 35 U.S.C. §285 have …
By James Yang
6 years ago 0

“Main Street” Patent Coalition Wants Patent Litigation Reform

The Main Street Patent Coalition may be the entity with the single most misleading name in the history of misleading organization names…. According to the LA Time, …
By Gene Quinn
6 years ago 16

House Passes Innovation Act, Battle Goes to Senate

A brake-down of the major provisions, the Amendments that passed and some key Amendments that failed… On Thursday, December 5, 2013, the United States House of Representatives passed the …
By Gene Quinn
6 years ago 6

Innovation Act Fast Tracked Despite Committee Concerns

Congressman Bob Goodlatte (R-VA), is continuing to fast track the Innovation Act (HR 3309) despite growing concerns from both Republican and Democrat members of the House Judiciary Committee… …
By Gene Quinn
6 years ago 8

Here they go again – this time with the Patent SHIELD Act

Indeed, the bill’s co-sponsor acknowledges and states “[t]his bill combats the problem of patent trolls by moving to a ‘loser pays’ system for software and …