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
FTC
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. …
FTC, MPHJ enter settlement and consent order in demand-letter investigation
Following an investigation of alleged deceptive patent-assertion practices, the FTC has reached settlement with non-practicing entity MPHJ (the so-called “scanner troll”) and its counsel, Farney Daniels PC. The resolution has resulted in an agreement and consent order that would bar MPHJ and the Farney Daniels firm from making misrepresentations — including deceptive claims concerning the…
FTC “Patent Assertion Entity Study” approved
The Office of Management and Budget Action has approved the FTC’s request to conduct its proposed “Patent Assertion Entity Study” directed to analyzing ongoing PAE activity (see our May 21, 2014 and Sep. 27, 2013 posts for more information on the study and questions related to SSOs and SEPs). According to the Federal Register notice…
Second Circuit affirms dismissal of RAND/antitrust dispute based on foreign activity (Lotes v. Hon Hai Precision)
Yesterday, the Second Circuit in Lotus v. Hon Hai Precision affirmed the district court’s dismissal of antitrust and breach of contract claims arising from foreign activity based on the patent owner not licensing, but asserting in litigation in China, patents subject to FRAND-Z (i.e., royalty free) standard setting obligations. Consistent with the U.S. Federal Trade…
FTC revises and seeks comment on proposed “Patent Assertion Entity” study
The U.S. Federal Trade Commission (“FTC”) recently published a Federal Register notice seeking additional public comments on the FTC’s proposed collection of information about Patent Assertion Entities (“PAEs”) (see our Sep. 27, 2013 post about the FTC’s first notice about the PAE study). Public comments are due by June 18, 2014.
Generally. In this notice,…
FTC moves to dismiss patent assertion entity MPHJ’s complaint in W.D. Tex.
The U.S. Federal Trade Commission (FTC) moved to dismiss patent monetization entity MPHJ’s W.D. Tex. complaint on Monday, alleging that the court lacks jurisdiction over the matter. Back in January 2014, MPHJ filed a complaint against the FTC in W.D. Tex., preemptively seeking to prevent an enforcement action threatened by the FTC. The FTC’s enforcement…
U.S. Dept. of Justice closes investigation of Samsung’s assertion of standard essential patents
On Friday, the U.S. Department of Justice (“DOJ”) announced that it was closing its investigation into Samsung’s use of standard essential patents, which investigation had “focused on Samsung’s attempts to use its SEPs to obtain exclusion orders from the [ITC] relating to certain iPhone and iPad models.” DOJ stated that further investigation was no longer…
Patent monetization entity MPHJ sues FTC for threatening enforcement action
Yesterday patent monetization entity MPHJ filed a Complaint in W.D. Tex. against the U.S. Federal Trade Commission (FTC) for threatening an enforcement action against MPHJ premised on MPHJ’s extensive letter campaign to accumulate license fees on its scanner patents by threatening small end-users with litigation that MPHJ allegedly did not actually intend to pursue. We…
Second Circuit argument today on dismissal of RAND/antitrust dispute based on foreign activity
Today, the Second Circuit will hear argument in an important case on the extent that foreign injury (reduced foreign sales and closure of foreign plants) arising from foreign RAND breaches can have remedy in the U.S. based on their impact on U.S. commerce. The case, Lotes Co., Ltd. V. Hon Hai Precision Industry Co., Ltd.…