Recently the House Judiciary Committee voted 24-8 to approve a revised version of the Innovation Act. As we previously discussed, the Innovation Act was re-introduced in the House earlier this year in the same form approved by the entire House at the end of 2013. The Judiciary Committee recently met to mark-up and
Legislation
Federal judge permits MPHJ’s suit challenging Vermont’s bad faith patent demand letter law to proceed
We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s complaint, filed in Vermont state court in early May of 2013, alleges that MPHJ’s patent assertion conduct directed toward Vermonters violates the state’s Consumer Protection…
Senate Judiciary Committee approves PATENT Act
Yesterday, we reported on the manager’s amendments to the Protecting American Talent and Entrepreneurship Act, or “PATENT Act,” a bi-partisan patent reform bill introduced by Senator Leahy and several other Senators. After two additional amendments by members of the Senate Judiciary Committee during yesterday’s mark-up session, the committee approved the bill by a vote of …
Revised version of Senate patent reform bill released
On Tuesday, a proposed Manager’s Amendment was released for the Senate’s pending PATENT Act bill. Following is a recap of the recent wave of patent legislation proposals this year.
Innovation Act. Since 2013, the House and the Senate have considered various forms of patent reform legislation that attempt to address perceived patent litigation abuse. …
“Limitations”, “elements” and bears, oh my!
Patent claims have “limitations.” Accused infringing products have “elements.” A patent owner may argue that patent claim “limitations” read onto “elements” of an accused infringing product. The Federal Circuit, sitting en banc, resolved this divisive issue fifteen years ago: “It is preferable to use the term ‘limitation’ when referring to claim language and the term…
Proposed PARTS Act limiting term of auto part design patents also is patent legislation before Congress
With all the patent reform legislation discussion going on, PARTS are not getting as much attention. Specifically, in February, members of the House and Senate each re-introduced the “Promoting Automotive Repair, Trade and Sales Act,” known as the “PARTS Act.” The House bill and the Senate bill are identical. The bills were re-introduced by a…
U.S. House of Representatives reintroduces same patent reform bill that passed the House last go around
Last week, House Judiciary Committee Chariman Bob Goodlatte (R-Va.) reintroduced the Innovation Act, a bill that attempts to address perceived patent litigation abuse. This current bill as introduced is identical to the bill that was passed by the House in December of 2013 by a vote of 325-91. Discussed below are some of the…
Parties begin FRAND, damages discovery following infringement verdict (InterDigital v. ZTE)
Judge Andrews has entered an order allowing InterDigital and ZTE to proceed with FRAND and damages discovery, following last week’s jury verdict finding that ZTE’s accused handset devices infringe the patents asserted by InterDigital. As we previously mentioned, ZTE asserted a number of FRAND-related affirmative defenses and counterclaims in the litigation, all of which were…
Federal Circuit stays infringement action against product retailers while case proceeds against product manufacturer
Today, in In Re Nintendo involving an infringement complaint against Nintendo and eleven retailer’s of the Nintendo DS video game device, the Federal Circuit (Newman, Rader and Hughes) granted mandamus and ordered Judge Gilstrap of E.D. Texas to (1) sever the claims against Nintendo the manufacturer from the claims against the video game…
Senator Leahy pulls patent litigation reform bill
As we previously reported, the Senate Judiciary Committee has postponed a vote on proposed patent litigation reform legislation several times. Now, the Senate is tabling the issue altogether due to an apparent lack of bi-partisan support for the provisions in the bill. On Wednesday, Senator Leahy, the bill’s sponsor, announced that “there has…