Patent Law Reform

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Key CBM Revision Unpopular with Bar Assoc’s

One of the more intriguing mechanisms of the America Invents Act (AIA) is the Transitional Program for Covered Business Method (CBM) Patents. To date, these speciailized post grant patent challenges have been pursued in relatively limited numbers as compared to the more generic Inter Partes Review (IPR) proceedings. The reason for the disparity between CBM and IPR filing rates is quite simple — IPR is available for any technology not just “business method patents.” Yet, the CBM proceding is far superior to IPR in many strategic respects.

Recognizing the potential of CBM filings to have a greater impact on the patent litigation landscape, Congress is actively considering alterations to the existing statutory framework that would encourage greater use of this powerful AIA mechanism.…

Continue Reading Bar Associations Set to Oppose Changes to CBM Statute

Congress & USPTO Prepare for Busy Fall Season

As Congress turns back to patent reform efforts in the Fall there will also be a fair amount of activity at the USPTO. The “executive actions” released by the White House months ago were aimed primarily at the USPTO. In response, several proposed rule making packages and changes to examination practice are  expected in the coming months.

1. The USPTO is expected to issue strict guidelines requiring the identification of the real-party-in-interest for issued patents. …

Continue Reading Coming USPTO Patent Rule Packages & Initiatives

Congress Winds Down to August Recess

It is highly likely that a new patent reform bill will be passed into law this fall given the intense congressional interest in the topic. Over the past few weeks, there has been an unprecedented flurry in the number of initiatives, executive actions, and bills proposed. Whether this political attention is truly responsive to the outcry of technology innovators being shaken down by “patent trolls” is unclear. Certainly there are some in Washington that simply recognize the existence of bipartisan support for legislation that can be spun during an election season as helping small businesses….needed or not. Whatever the motivation, something will almost certainly be passed into law…..but what? 

Rather than go through the details of each proposal being floated, there are concepts common to all. I provide an assessment of the likelihood of each to exit Congress as law in the coming months.

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Continue Reading Which Patent Reform Initiative Will Be Taken Up in September?

 Trolls Face Expensive Legal Battle To Prove Inapplicability of State Laws

When a patent troll asserts a patent claim of questionable merit against a defendant, the defendant is faced with two options: 1) fight a very expensive and time consuming legal battle to prove the correctness of their invalidity/non-infringement position; or 2) fold up tents…

AIA Alternatives to Patent Litigation Prove Wildly Popular

It’s hard to believe that it has only been 10 months since September 16, 2012. On that date, the new patent challenge proceedings of the America Invents Act (AIA) first became available. Since that day 400+ petions for trial (IPR and CBM) have been filed with the…

Not All of the New Patent Reform Ideas are Good Ones

A few weeks back House Judiciary Committee Chair Bob Goodlatte (R-VA), released a “discussion draft” of further patent reform ideas. The Draft is a collection of adjustments to the U.S. patent system designed to encourage a dialogue on these important reform issues. In particular the abusive litigation tactics of so called “patent trolls” are the driving force behind the legislative effort. For this reason, the bulk of the proposals of the Goodlatte Draft are squarely aimed at preventing the abusive behaviors and practices of patent trolls. Yet, there is one proposal of the Draft that stands out as a glaring exception. This troll-friendly provision, if enacted into law, would virtually ensure the continued success of the patent troll business model.
Continue Reading Congress Considers Helping Patent Trolls?

PTAB Delivers on Congressional Mandate

As discussed previously, the very first petition for a Covered Business Method Patent Challenge (CBM) was filed on September 16th by SAP (CBM2012-00001). The petition (here) challenged U.S. Patent  6,553,350 of Versata Development Group. In May of 2011, Versata secured a $391 million dollar verdict in the…

White House Suggests Already Existing Initiatives to Congress & USPTO

Yesterday, a White House press release (here) provided 7 “legislative priorities” and 5 executive actions to Congress, the USPTO and other government agencies for the purpose of improving patent quality (i.e., to primarily stomp out patent trolls). While heralded in many tech news…