Home > Insights > Blogs > Patent Billy Goat

Patent Billy Goat

Patent Billy Goat

(By accessing, browsing or using the pages below, you agree to the Blog Conditions of Use/Disclaimer available under "Links.")

Posts

Case shows ever-changing nature of patent law

patentLaw_mechanical.blog

The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law’s effects are still being litigated. READ MORE

EA Sports won’t be beaten at its own game – Escaping potential liability through successful § 101 motion to dismiss

Justin Mulligan June 27, 2016
Patent Billy Goat_default blog

This decision is merely one in a long line of recent cases restricting the scope of patent protection in the computer software market. However, it does clarify the simple principle that doing nothing more than adding current technology to pre-existing ideas does not create patentable subject matter. READ MORE

5 ugly truths about patent litigation

Jason Schwent, CIPP/US March 22, 2016
patent-litigation-ugly-truths---patent-billy-goat_25961385336_o

Facing the reality of this type of litigation, no matter how ugly, will ultimately help businesses assess the financial outlook for a case, prepare their internal experts, and have a better, more realistic understanding about what they should — and shouldn’t — expect from a litigation. READ MORE

So you want to protect your software: Tactics, options, and considerations post-Alice

Jason Schwent, CIPP/US February 2, 2016
Patent Billy Goat_default blog

Those areas of the Patent Office responding to patent applications directed to software areas of technology are reporting rejection rates, in some areas, of well over 80% (with some areas reporting 100% rejection rates). This raises an important question: How does one best protect software technology under existing intellectual property law? READ MORE

5 tips for managing your patent assets

Jason Schwent, CIPP/US January 12, 2016
spinningplates1_24041958920_o

If you want your business to maximize patent assets, you need to make patenting your technology a priority. This means more than simply patenting those technological advances your company thinks are valuable. READ MORE

5 tips for cutting patent litigation costs

Jason Schwent, CIPP/US November 17, 2015
parts-of-a-patent---patent-billy-goat---sunglasses_12973966135_o

Careful preparation, consideration, cooperation, and evaluation can help lower the costs of this litigation significantly. And by doing so, those accused of infringement can give themselves a better chance of success. READ MORE

The state of laches: Is delay in patent law different from delay in copyright law?

Jason Schwent, CIPP/US October 1, 2015
scotus-2014---patent-troll-roundup_14641656146_o

The defense of laches still exists in patent law. But, there is still some question as to how long that will be the case. The sharply divided Federal Circuit decision in SCA Hygiene, while settling the question for now, strongly calls for the Supreme Court to take up this issue. READ MORE

The suddenly offensive claim of patent invalidity

Jason Schwent, CIPP/US September 23, 2015
Patent Billy Goat_default blog

The defense of patent invalidity is now changing. Now, the defense has offensive value. And that change threatens to throw a system, which functions best in balance, out of balance once again. READ MORE

Has the Supreme Court signaled the end of invalidity opinion letters?

risks-ahead---patent-invalidity-letters_18935037789_o

Given the potentially earth-shattering nature of the Supreme Court intending such a result, patent law practitioners could have much to do to protect their clients. READ MORE

The DMCA and fair use: Has anti-circumvention gone too far?

Jason Schwent, CIPP/US April 30, 2015
Patent Billy Goat_default blog

With the DMCA, Congress, for the first time, forbade access to copyrighted works under certain circumstances. This represented a fundamental shift in copyright protection. And, while this change in the law appeared to address concerns that songs and movies could be pirated and placed on the Internet for all to share, some worried that unanticipated consequences would result. READ MORE

Has the war on patent trolls caused collateral damage?

Jason Schwent, CIPP/US March 19, 2015
patent-trolls---collateral-damage_16838269766_o

Patent trolls were one of the major impetuses behind 2011’s Leahy-Smith America Invents Act (AIA), which brought major changes to the patent system and patent enforcement practice. And even today, efforts continue in both houses of Congress to reign in the dastardly patent troll. READ MORE

Supreme Court ends Fed Circuit’s lone reign over claim construction (some of the time at least)

Jason Schwent, CIPP/US January 22, 2015
teva-patent-decision---patent-billy-goat-blog_15723001793_o

Just like an older sibling forced to share with a new younger brother or sister, we are all likely familiar with authority stepping in and forcing us to share our previously unchecked power or benefits with others. That’s effectively what happened to the Federal Circuit in a Jan. 20 decision from the U.S. Supreme Court. READ MORE

Is there such thing as a lovable patent troll?

Jason Schwent, CIPP/US December 9, 2014
loveable-patent-troll---jason-schwent-blog_15983526441_o

The common narrative is that patent trolls should be wiped out and restricted in whatever way possible. But is this view fair? Patent assertion entities are clearly contemplated by the patent laws and thus must serve some important purpose. In fact, some are good for innovation and good for business. So what makes a patent troll lovable? What separates the good from the bad? READ MORE

Post-Alice, has the Fed Circuit suggested another subject matter eligibility test?

Jason Schwent, CIPP/US December 3, 2014
Patent Billy Goat_default blog

It is worth noting that the Federal Circuit does appear to want more concrete guidance on the subject of subject matter eligibility. READ MORE

Five things patent trolls don’t want you to know about litigation

Jason Schwent, CIPP/US September 30, 2014
patent-troll-secrets---patent-billy-goat_15216809360_o

There are certain things that patent trolls hope you do not know about them so that they can possibly make even more money. READ MORE

Post-grant review, continued: Inter partes, covered business methods

Jason Schwent, CIPP/US September 2, 2014
Patent Billy Goat_default blog

Undertaking a post-grant review is not something to be taken lightly. But these vehicles do provide significant advantages. They provide a venue with patent expertise. They come with a lower burden of proof. And they do, in most circumstances, provide the best opportunity available for invalidating patents. READ MORE

PTO post-grant review: Patent issuance is not end of the line

Jason Schwent, CIPP/US August 25, 2014
Patent Billy Goat_default blog

A patent holder threatens to shut your business down with an injunction, obtain millions of dollars in damages, and make you pay hefty legal fees to defend yourself. So what do you do? READ MORE

Who are the major players in a patent infringement action? Part Two

Patent Billy Goat_default blog

If you’re faced with a patent infringement action, you’ll want to recognize these players and understand their motivations. All of them will play a critical role in how the litigation unfolds. READ MORE

Who are the major players in a patent infringement action? Part One

Patent Billy Goat_default blog

With different technology and different parties involved, no two patent infringement actions are completely alike. But that doesn’t mean there aren’t commonalities between them. Knowing the roles and understanding how they operate can help you anticipate conduct in the litigation as well as formulate a successful plan for your own role in the action. READ MORE

What’s the best way to improve the odds in patent troll litigation?

Jason Schwent, CIPP/US April 25, 2014
Patent Billy Goat_default blog

In a political community rife with rancor and partisan dispute, patent assertion entities are the rare issue where everyone — the President, Republicans, and Democrats — agrees that something needs to be done to address the problem. So what can be done? What is being done? READ MORE

Patent fundamentals for researchers, manufacturers

steve-ritchey-patent-comic_13609447774_o

Patent laws function much the same way no matter the technology at issue. But there are some aspects of patent law that affect particular industries in specific ways. READ MORE

Got a cease and desist letter from a patent troll? Do your homework

Jason Schwent, CIPP/US March 31, 2014
cease-and-desist-letters---patent-trolls_13455192054_o

The more research you conduct, the stronger your eventual position will be when faced with a possible infringement claim. READ MORE

I got a cease and desist letter. Now what?

Jason Schwent, CIPP/US March 27, 2014
cease-and-desist-letters---patent-trolls_13455192054_o

Patent law is often a foreign concept to many and is not always intuitive. But it need not be feared. Those familiar with the process know that some basic analysis and investigation can answer many questions. READ MORE

Patent troll roll call: The carefree litigator

Jason Schwent, CIPP/US March 20, 2014
settlement_13061365634_o

The patent assertion entity has no business, so its operations are not interrupted by discovery requests, depositions, or trial proceedings. The PAE has no sales to lose and usually no employees to be bothered. READ MORE

Patent troll roll call: The threatening letter-writer

Jason Schwent, CIPP/US March 17, 2014
patent-trolls---demand-letters_13226854103_o

Patent trolls, non-practicing entities, patent monetization companies, or patent assertion entities: regardless of what they are called, in this particular context, when we refer to one of these organizations we are talking about an entity whose sole business is to collect patent licensing fees, whether through solicitation or litigation. READ MORE

Slide show: What information is contained in a patent?

Jason Schwent, CIPP/US March 12, 2014
Patent Billy Goat_default blog

The slide show accompanies that post by providing some visual examples of all the fundamental elements of a patent document, including drawings, written description, and that all-important aspect of every patent — its claims. READ MORE

What information is contained in a patent?

parts-of-a-patent---patent-billy-goat---sunglasses_12973966135_o

It is the claims, and the language used in the claims, that are the most critical and important part of any patent and are the key to any patent litigation. READ MORE

What is a patent?

Patent Billy Goat_default blog

Today we start with the most basic question of all: What is a patent? READ MORE

Welcome to the Patent Billy Goat

Jason Schwent, CIPP/US February 21, 2014
Patent Billy Goat_default blog

A patent troll exploits the intricacies of patent law to tip the field of battle in the troll’s favor. Faced with a lack of knowledge and resources to fight back, unsuspecting businesses and the sophisticated alike are left with little choice but to pay the troll’s extortive tolls. But this does not have to be the case. Patent law need not be daunting and mysterious. And just like in the Billy Goats Gruff, through the right mix of intellect, strategy, and stubborn resolve, the playing field can be leveled. READ MORE