David Carstens of Carstens & Cahoon discusses some implications of President Obama's new initiative on "patent trolls."
Without a general counsel in place and faced with a demand letter claiming patent infringement, the electric carmaker's in-house lawyers moved for declaratory judgment.
Just two years ago, the U.S. International Trade Commission was ground zero for high-stakes patent fights, a place where some of the world's biggest smartphone and electronics companies met to duke it out. But since fiscal year 2011, the agency's intellectual property caseload has been on a downward spiral.
A unanimous Supreme Court ruled that "naturally occurring" DNA segments cannot be patented. Justice Clarence Thomas wrote the opinion for the court in Association for Molecular Pathology v. Myriad Genetics.
In the first ruling of its kind since the America Invents Act established a new system for reviewing patents, the Patent and Trademark Office's Patent Trial and Appeal Board ruled that a patent used in a case brought by Versata Inc. against SAP America Inc. is too abstract and therefore invalid.
The commission should not wait for legislation or an adverse court decision but should act now to improve the Section 337 enforcement system.
It has become fashionable in the U.S. to pin the blame for the problems in our patent system exclusively on non-practicing entities, but the larger problem is the poor quality of many patents, not the identity or business model of their owners.
With the expanding reach of social media, companies need to exercise caution when attempting to promote their brands or protect their marks online, according to a panel of intellectual property experts at Corporate Counsel's 25th Annual General Counsel Conference.
The IPXI aims to create a standard marketplace for patent licenses, with the intent of making a sometimes murky realm more transparent.
IP litigators were generally positive about President Obama's patent reform announcement, though some aren't sure the White House's more promising ideas—like "loser pays"—can win enactment.
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