Changes to Patent Venue Rules Risk Collateral Damage to Innovators

Advocates for changing the patent venue rules, which dictate where patent owners can sue alleged infringers, have been arguing that their remedy will cure the supposed disease of abusive “trolls” filing suit after suit in the Eastern District of Texas. This is certainly true, but it’s only true in the sense that cyanide cures the … Continue reading “Changes to Patent Venue Rules Risk Collateral Damage to Innovators”

#AliceStorm: When It Rains, It Pours…

The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission. By Robert R. Sachs Last year I christened the post-Alice impact on patents #Alicestorm, riffing on the hashtag #hellastorm used to refer to the Pineapple Express storms the … Continue reading “#AliceStorm: When It Rains, It Pours…”

#AliceStorm for Halloween: Was it a Trick or a Treat?

The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission. By Robert R. Sachs Alice has been busy the last two months, continuing to haunt the federal courts and the Knox and Randolph buildings at the USPTO. Here … Continue reading “#AliceStorm for Halloween: Was it a Trick or a Treat?”

Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance

The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission. By Robert R. Sachs In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update … Continue reading “Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance”

Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation

Here’s a brief excerpt of a post by Devlin Hartline that was published on IPWatchdog. In an amicus brief co-authored by Kevin Noonan of McDonnell Boehnen Hulbert & Berghoff LLP and Professor Adam Mossoff of George Mason University School of Law, twenty-three law professors urge the Federal Circuit to take a second look at the … Continue reading “Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation”

#AliceStorm: July is Smoking Hot, Hot, Hot…and Versata is Not, Not, Not

The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission. By Robert R. Sachs July invokes images of hot days, cool nights, and fireworks. When it comes to #Alicestorm, the fireworks are happening in the courts, with the … Continue reading “#AliceStorm: July is Smoking Hot, Hot, Hot…and Versata is Not, Not, Not”

Statement of Professor Adam Mossoff on Akamai v. Limelight

By Adam Mossoff In Akamai v. Limelight, the Federal Circuit expanded its definition of what it means for someone to be directly liable for patent infringement when they direct or control other people’s actions.  Through its proper judicial role in interpreting the meaning of the portion of the Patent Act defining direct infringement — Section … Continue reading “Statement of Professor Adam Mossoff on Akamai v. Limelight”

#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO

The following guest post from Robert R. Sachs, Partner at Fenwick & West LLP, first appeared on the Bilski Blog, and it is reposted here with permission. By Robert R. Sachs The most important thing that happened in June was not the invalidation of yet another pile of patents, but the rather more consequential decision … Continue reading “#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO”

Digital Goods and the ITC: The Most Important Case That Nobody is Talking About

By Devlin Hartline & Matthew Barblan In its ClearCorrect opinion from early 2014, the International Trade Commission (ITC) issued cease and desist orders preventing the importation of infringing digital goods into the United States. The ITC’s 5-1 opinion has since been appealed to the Federal Circuit, with oral argument scheduled for the morning of August … Continue reading “Digital Goods and the ITC: The Most Important Case That Nobody is Talking About”

The One Year Anniversary: The Aftermath of #AliceStorm

The following post, by Robert R. Sachs, first appeared on the Bilski Blog, and it is reposted here with permission. It’s been one year since the Supreme Court’s decision in Alice Corp. v. CLS Bank. On its face the opinion was relatively conservative, cautioning courts to “tread carefully” before invalidating patents, and emphasizing that the … Continue reading “The One Year Anniversary: The Aftermath of #AliceStorm”