Patent Law

533 ABA Journal articles on Patent Law.

ABA urges Federal Circuit not to include attorney fees in patent case ‘expenses’
The American Bar Association is urging the U.S. Court of Appeals for the Federal Circuit not to include the government’s attorney fees when awarding “all expenses of the proceedings” to the U.S. Patent and Trademark Office.

The ABA filed an amicus brief in NantKwest v. Joseph Matal, urging the full Federal Circuit to overturn a split decision of a three-judge panel.
Rash of UPL lawsuits filed by LegalForce show its failure to compete, defendants say
Raj Abhyanker is up in arms against legal technology companies he believes are practicing law without a license.

With the growth of online services that assist people filing trademarks and patents, Abhyanker says he has seen his business suffer because “I can’t do what they’re doing, but they can do what I’m doing.”
Nonlawyers at LegalZoom performed legal work on trademark applications, UPL suit alleges
A complaint filed Tuesday in the Northern District of California alleges LegalZoom has engaged in the “unauthorized practice of law, false advertising, unfair competition and other claims with respect to preparation and filing of trademark applications" before the U.S. Patent and Trademark Office.
Legal technology patents have increased 484% globally in last 5 years

In the past five years, there has been a 484 percent increase in legal technology patents globally, according to new numbers from Thomson Reuters.

“Technological innovation across the financial…

Fans of HBO’s ‘Silicon Valley’ must be asking: Do patent trolls really exist?
Season four of the hit HBO series Silicon Valley introduced viewers to Stuart Burke, a man who has accumulated a pretty nice chunk of change engaging in what could best be described as a shakedown of music writers and song publishers through his acquisition of copyrights.
Court limits where plaintiffs can bring claims in three rulings

This Supreme Court term turned out to be important for civil procedure, with three significant rulings on personal jurisdiction—when a court has control of the particular parties in a case.

Patent lawsuits drop 21 percent in the Eastern District of Texas as SCOTUS ruling brings new era
Patent lawsuits in the federal court for the Eastern District of Texas are on the decline as a result of a May ruling by the U.S. Supreme Court.
Lululemon lawsuit claims competitor infringes its sports bra design

Lululemon Athletica claims in a federal lawsuit that Under Armour infringed its patents on a sports bra design that incorporates four criss-cross straps in the back.

Lululemon filed the suit…

Paralegal robot reviews patent documents
New software helps patent lawyers draft applications that are more likely to pass muster with the U.S. Patent and Trademark office, as well as respond to official letters from examiners.

TurboPatent Corp. on June 28 launched artificial-intelligence products that compare patent claims with past applications to make predictions about patent eligibility.
Supreme Court decision allows resale of used ink cartridges despite patent holder restriction

A patent holder that restricts the reuse or resale of its printer ink cartridges can’t invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court…

SCOTUS limits venue in patent suits, making it more difficult to file in friendly jurisdictions
The U.S. Supreme Court on Monday narrowed the locations where patent infringement suits can be filed in a unanimous decision interpreting conflicting statutes on venue.
Erase ambiguity in patent eligibility law, ABA IP section urges USPTO

The American Bar Association Section of Intellectual Property Law has weighed in on how patent eligibility should be determined by way of a letter to the U.S. Patent and Trademark…

Supreme Court rules patent holders may not bar otherwise timely lawsuits with laches

The U.S. Supreme Court ruled today that patent holders may not use the doctrine of laches—that is, may not argue that defendants slept too long on their rights—as a defense…

ABA amicus brief opposes expansive view of venue in patent cases, cites perception of forum shopping

The ABA has filed an amicus brief with the U.S. Supreme Court that argues the patent venue law has been wrongly interpreted in a way that allows the nationwide filing…

Original ‘patent troll’ law firm has closed its doors

On the heels of the sudden death last August of Raymond Niro Sr., the passionate litigator for whom the term “patent troll” was coined, the Chicago-based Niro Law firm broke…

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