Blog articles tagged "Patent Infringement"

Trolls, Wizards, and the Pitfalls of Patenting

Patents are back in the news. In the past few weeks alone, Microsoft bought AOL’s patent portfolio for $1 billion, then resold much of it to Facebook for $550 million. Twitter pledged to use its patents only defensively, and to give its employee-inventors a say in the company’s future patent litigation strategy. Controversial trials, appeals, rulings, and awards continue—prompting the Wall Street Journal to publish Andy Kessler’s call for curtailing the rights of non-practicing entities (NPEs), also known affectionately as “trolls.” 

 

The PROTECT IP Act Blacklists IP Infringing Websites: Do the Benefits Outweigh the Costs?

On May 12, 2011, Vermont Senator Patrick Leahy introduced the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (PROTECT IP Act) to the Senate Judiciary Committee.  The bill is a revised version of the Combating Online Infringement and Counterfeits Act (COICA), which was unsuccessful a year ago.     

The Act’s primary purpose is to prevent websites, both foreign and domestic, from infringing on the rights of U.S. patent holders.  However, the proposed procedures and methods to protect the patent holders have sparked justified controversy and opposition to the Act.  As such, Oregon Senator Ron Wyden held up the bill on May 31 to prevent it from reaching the full Senate for the time being.

Supreme Court Confirms “Clear and Convincing” Standard for Patents

By a unanimous decision, the Supreme Court rejected Microsoft's argument and affirmed the Federal Circuit's strong presumption of proof that granted U.S. patents are valid.

What To Do if You Receive a Patent Infringement Notice - Part 2

In Part I, I outlined actions (1) – (5) that can be taken by a business after receiving such a patent infringement notice.

Eventually, you will likely need to form an internal team and an external team.  This might prove to be the most important action. 

What To Do if You Receive a Patent Infringement Notice - Part 1

Patents have many legitimate strategic uses, which seem great until you receive a letter or notice from someone claiming you are infringing one or more patent claims.

The following are some actions that can be taken by a business after receiving such a notice.