Posts Tagged: rule 11


Pre-Suit Investigation by Patentee’s Attorney Does Not Compel Arbitration Despite Website TOS

Chief Judge McMahon, in deciding the defendant’s motion to compel arbitration, ruled the arbitration clause did not prevent Jedi from accessing the federal district court and …
By Gene Quinn
9 months ago 0

The Impacts of the Pending Rule 11 Amendments on the Patent System

The effects of proposed Rule 11 on the patent system will be like putting an additional bullet to a dying man. As far as patent litigation is concerned, …
By Jianqing Wu, Ph.D.
4 years ago 1

Proposed Amendments to Rule 11 Will Adversely Impact Patent Owners

Congressman Lamar Smith (R-TX), has sponsored a bill to amend Rule 11 — H.R. 720. The changes are made to remove the safe harbor provision and make sanctions mandatory. …
By Jianqing Wu, Ph.D.
4 years ago 0

Defending Chief Judge Rader: Judges Can Make Patent Trolls Pay

Last Tuesday evening Chief Judge Rader was on a panel with U.S. District Court Judge Lucy Koh of the United States Federal District Court for the …
By Gene Quinn
8 years ago 4

Troll Turning Point? Federal Circuit Breathes Life into Rule 11

This is very good news for defendants and for the patent system. If Rule 11 is actually enforced against those who sue without a reasonable basis the bad …
By Gene Quinn
9 years ago 6

Indicia of Extortion – Federal Circuit Slams Patent Troll

It was also determined that the underlying patent litigation was brought for no other reason than to extract nuisance payments despite the fact that there was no …
By Gene Quinn
10 years ago 9

Inadequate Investigation Prior to Patent Infringement Lawsuit Merits Attorneys’ Fees and Costs

Prior to filing the lawsuit the Plaintiff sought the opinion of patent counsel to evaluate the prospect of a patent infringement suit against the Defendants, and received …
By Gene Quinn
10 years ago 9

Patent Office Disciplinary Actions and the Lack Thereof

I thought it might be interesting to take a look at what the Office of Enrollment & Discipline has been up to since the start of 2010. To be …
By Gene Quinn
11 years ago 10

Rule 11 Sanctions + Exceptional Case = Bad Day for Patent Troll

In a 52 page opinion Judge Means found the case an exceptional case for purposes of awarding attorneys fees under 35 USC 285, found that Rule 11 sanctions were appropriate and …
By Gene Quinn
11 years ago 0

ACLU Should Be Hit With Rule 11 Sanctions

In the ACLU v. Myriad case, the ACLU has alleged that the patents involved in the case cover genes found in nature. This statement is so patently (…
By Dale B. Halling
12 years ago 37