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Improving The Patent Enforcement Process?

On September 27, 2011, Chief Judge Randall Rader spoke to a group of, primarily, lawyers and judges attending a combined meeting of the Federal Circuit Bar Association and the Eastern District of Texas Bar Association to share his visions on improving the patent system. Professor Dennis Crouch’s article on the subject includes a link to … Continue reading

Did Serial Infringers Commission “Academic” Patent Study To Support Widespread Infringement?

Prior to Gametime IP, the strongest defense of NPE-based patent litigation generally resolved around the fact that it is every patent owner’s right to take accused infringers to court, whether we like it or not. Our public discourse largely lacked any affirmative argument for the value created by NPEs, giving infringing companies free reign to pollute the literature with only anti-patent owner content. Thankfully, those days are over. Continue reading

RPX Secondary Offering Seeks Another $60M

RPX Corporation (RPXC) announced pricing of a 3,000,000 share follow-on offering at $20.49 per share.   RPX offers about 1.4 M shares itself with the rest coming from stockholders.  The offering price represents a 15% discount from it’s opening price at $24.10. Trading spiked this morning, landing RPX on Nasdaq’s unusual volume list. Coincidentally, top officials … Continue reading

Chief Judge Of Patent Appeals Court Resurrects ‘State Street’ And Approves Software Patents

Patent eligibility (sometimes confusingly referred to as patentability) seem to have come full circle.  In decades past, a series of decisions from the US Supreme Court raised doubt about patent eligibility of business methods and computer software implemented inventions.  Then, in 1998, the court responsible for all appeals in patent cases wrote the now infamous … Continue reading

The Patent Lawyer’s ‘Jobs Bill’ May Become Law This Week

Patent reform ala H.R. 1249 is expected to be signed by President Obama this coming Friday, and big law firms have good reason to celebrate.  Section 19 of the proposed legislation changes the general rule about joining multiple parties together in a single lawsuit, and takes immediate, though not retroactive, effect.  Under the current rule … Continue reading

All Inventions Are Equal, But Some Inventions Are More Equal Than Others

It took over 6 years and two presidents (10 and three, depending who you ask), but a major patent overhaul finally passed both houses of Congress, after a Senate vote of 89-9 on H.R. 1249, without amendment. Although watered down from the aggressive changes to damages and litigation procedure proposed a few years ago, the … Continue reading

Xilinx Lawsuit Reveals More Of Intellectual Ventures’ Strategy

Stamped and filed on September 2, 2011, a brand-spanking new lawsuit (courtesy of my friends at PriorSmart, and embedded below) from Xilinx (the Intellectual Ventures investor-turned-target) accuses IV of “unlawful, unfair or fraudulent business practices,” simultaneously shedding dim light on IV’s opaque array of holding companies and their general licensing strategy.  According to Xilinx, the … Continue reading

Austan Goolsbee — Right Problem, Wrong Solution

I don’t know Austan Goolsbee, but I like him, mostly because he seems to get what’s wrong with the current patent system.  Back in March, while I was busily writing about how patent office delays might be responsible for small business failures, Austan was busily shooting a White House White Board video about the same … Continue reading

The $600M Innovation Tax

The following is an open letter written by Dr. Jose Melendez, the founder and CEO of Patent Calls, Inc. He is also co-founder and CEO of Spectral MD, Inc., a company developing advanced imaging technologies to improve patient outcomes while lowering healthcare costs. Dr. Melendez holds a BS EE and MS EECS from the Massachusetts Institute … Continue reading

Opportunity To Educate Congress About Patent Reform

If you’re interested in Congress making an informed decision about the upcoming patent reform vote (H.R. 1249), encourage your Senate staffers to attended today’s briefing sponsored by the U.S. Business & Industry Council.    The speaker’s lineup includes views from a retired Federal judge, Angel investor, head of a venture capital firm and a constitutional law … Continue reading