Category Archives: Patent Reform

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Supreme Court Relaxes “Exceptional” Case Standard in Pair of Fee-Shifting Patent Cases

On April 29, 2014, the Supreme Court handed down decisions in two companion cases that relaxed the “exceptional” case standard under the fee-shifting provision of the Patent Act (35 U.S.C.  § 285). In Octane Fitness, LLC v. Icon Health & Fitness, Inc., No. 12-1184 (2014) and Highmark Inc. v. Allcare Health Management System, Inc., No. … Continue reading this entry

"Patent Reform 2014" White Paper Available for Download

Over the past 2 years I’ve been closely following the slew of patent reform proposals in Congress, the Executive Branch, the Courts, and the 50 States.  I have yet to find a document that lists–much less explains–all the many, many proposals percolating in DC and across the country. So I wrote one: “PATENT REFORM 2014:  A Comprehensive Guide to Current … Continue reading this entry

Trend to Limit Discovery in Patent Litigation Continues

Recent developments by the courts, administrative agencies, and Congress include rules, guidelines, and proposed legislation aimed at limiting discovery in patent litigation. Practitioners seeking to balance efforts to reduce discovery costs with preserving relevant documents according to the rules should be aware of the continuing trend to limit the discovery of electronically stored information (“ESI”). … Continue reading this entry

The Joinder Provision of the AIA is Not a Substitute for Discretion

The Federal Circuit recently confirmed that district courts must still exercise discretion in deciding motions to sever where the heightened joinder requirements of the AIA are satisfied. In In re Nintendo, Co.¸ __ Fed. App’x __ (Fed. Cir. Sept. 25, 2013) (nonprecedential), UltimatePointer, LLC sued Nintendo and numerous video game retailers in the Eastern District of Texas … Continue reading this entry

Practical Implications of Rep. Goodlatte’s Proposed “Offer of Judgment” in Patent Suits

House Judiciary Chairman Bob Goodlatte (R-Va.) on May 23, 2013 released a discussion draft of legislation designed to curb abusive patent litigation. Among the draft’s various provisions is a section titled “Incentivizing Settlement in Patent Litigation.” This proposal would essentially expand today’s Federal Rule of Civil Procedure 68 “Offer of Judgment” to require “attorneys’ fees” in patent … Continue reading this entry