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27 February 2015

From across the Atlantic, Goodlatte’s fee-shifting plans look far less onerous than the UK’s “English rule”

One of the key differences of the American legal system compared with the UK one is the difficulty of claiming costs from the losing side in a lawsuit. Generally speaking, in the US you can’t do it; while in the UK you can - hence the term the …

24 February 2015

IP Market 2.0 is going to be a lot more international than the previous US-centric one

We’re less than two months into 2015 and I have already made trips from the UK to the US and China. Along the way I have had a fair few conversations with various IP market participants about where things stand. The overall view is that change is…

22 February 2015

If patent reform is about tackling bad plaintiff behaviour and poor quality, where is the evidence that either is a serious problem?

Last week the Electronic Frontier Foundation (EFF) published an opinion piece headlined Innovation Act Needed More Than Ever As Patent Trolls Roll On. It claimed that figures recently released by Unified Patents show that patent trolls filed 250…

19 February 2015

Apple, Samsung and Google the most frequent filers of IPR petitions, new research shows

The huge popularity of post-issuance proceedings has been one of the biggest changes in the patent market following the introduction of the America Invents Act in 2011. The uptake of inter-partes reviews (IPRs), in particular, has been well…

14 February 2015

Motions to dismiss data represents yet more bad news for US patent plaintiffs

Yesterday we reported on data released by Docket Navigator showing that in 2014, the year of the Alice decision, the number of motions to dismiss on Section 101 eligibility grounds stood at an all time high, as did the success rate of such motions…

30 January 2015

New issue of IAM out today with the truth about those "foreign patent trolls" being written about in the US press

A series of disingenuous and maybe even deliberately mendacious op-eds in the US press over the last 12 months have warned of the dangers to American innovators posed by so-called “state-sponsored patent trolls”: entities supposedly established by…

30 January 2015

Patent reform will need wide multi-industry support to get on statute books, says former Senate IP counsel

Yesterday we published the first of a two-part interview with Aaron Cooper, former IP and antitrust counsel to Senator Leahy on the Senate Judiciary Committee. Now of counsel at Covington & Burling, Cooper was closely involved in the development of…

29 January 2015

A Senate insider’s guide to passing patent reform

There are few people who have been as close to patent reform in the US over the last decade as Aaron Cooper. For more than seven years Cooper worked for Senator Patrick Leahy on the Senate Judiciary Committee where he was the committee’s chief…

19 January 2015

Hammering “trolls” harms US prosperity, says top BASF IP strategist

US legislators have arrived back on Capitol Hill with patent reform again firmly on the agenda. Congressman Bob Goodlatte, chairman of the House of Representatives Judiciary Committee and author of the Innovation Act in the last Congress, has made…

15 January 2015

Patent law changes in US mean there are potentially billions of dollars of write-downs on public company balance sheets, says Spangenberg

Erich Spangenberg, the CEO of nXn Partners and founder and former CEO of IP Navigation Group (IPNav), is not a man to mince his words; and in an exclusive article for the IAM blog he is certainly not doing that. Instead, he has put together a piece…

28 November 2014

Maybe the real problem with Bessen and Meurer is that they just don't understand economics

This blog has run a few pieces recently that focus on the increasingly questionable work of James Bessen and Michael Meurer, the two Boston University academics whose research has so often been cited by those who believe that fundamental reform of…

16 April 2009

China's biggest ever patent dispute comes to a multi-million dollar end

French company Schneider Electric has agreed to pay Chint Group around $23 million to end a three year patent dispute between the two. What makes it so noteworthy is that this has happened in China and is the direct result of a decision handed down…