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Patent Billy Goat

Patent Billy Goat

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Laches no longer a defense to patent infringement


The patent infringement defense of laches was dealt a serious, and likely final, blow by a recent Supreme Court case. READ MORE

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

Jason Schwent, CIPP/US February 2, 2016
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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

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

Jason Schwent, CIPP/US October 1, 2015

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

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

Jason Schwent, CIPP/US January 22, 2015

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

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

Jason Schwent, CIPP/US April 25, 2014
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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