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17 June 2015

A new approach to the reform debate; China's IP future; the European tide; and much more at IPBC Global Day 3

IPBC Global in San Francisco is now finished, but only after another compelling day of sessions, networking and discussion. Here, IAM’s editorial team – Joff Wild, Richard Lloyd, Jack Ellis and Sara Jayne Clover – pick out a few of the highlights: …

16 June 2015

Patent values about to climb, heroic inventors, the US's patent failure, hope for SMEs, and much more at the IPBC

The first full day of the IPBC Global in San Francisco is now done and dusted. Here, IAM’s editorial team – Joff Wild, Richard Lloyd, Jack Ellis and Sara Jayne Clover – pick out a few of the highlights from the sessions and from the conversations…

15 June 2015

Networking, reform, Japanese influx, NPE worries and much more as IPBC Global kicks off

The opening reception for this year’s IPBC Global took place on Sunday evening at the Palace Hotel in San Francisco. IAM’s editorial team – Joff Wild, Richard Lloyd, Jack Ellis and Sara Jayne Clover – are covering the event and below are a few…

09 June 2015

As the Americans look set to abdicate global patent leadership Europe has an exciting opportunity

A perfect patent storm is brewing for Europe. The creation of the unitary patent system – with one patent covering an economically advanced  territory of around 600 million people and a single court system, with the potentially wide availability of…

07 June 2015

There are now very serious questions to be asked of that Bessen and Meurer $29 billion NPE costs claim

We sometimes get accused of being opposed to patent reform in the US. But that is not fair. Our position is a little more nuanced than that. We not only believe that the US patent system – for all its flaws – has been one of the reasons why the US…

05 June 2015

US patent reform passes a key Congressional hurdle but still faces significant challenges

It is a truism of US politics that one of the hardest things in Washington DC is getting a bill to the floor of the Senate for a vote. In that respect patent reform took a major step forward yesterday as the PATENT Act, the bill introduced last…

29 May 2015

Asian companies flock to the PTAB, but China for once lags behind

An interesting piece of research has been carried out by Japanese IP service company NGB looking at the leading filers from Asia of inter partes reviews (IPR) at the Patent Trial and Appeal Board. Using data from Lex Machina and Unified Patents, NGB…

28 May 2015

SCOTUS Commil decision is one part boost to patent rights one part feeding the “troll” narrative

There’s no doubt that for most readers of this blog the real interest in Justice Kennedy’s majority opinion from earlier this week in the case of Commil v Cisco came in his concluding remarks. The 6-2 Supreme Court decision (Justice Scalia wrote a…

26 May 2015

IAM benchmarking respondents offer more evidence of patent litigation shift from the US to Europe

The United States is now facing serious competition as the venue of choice for the resolution of multinational patent disputes, according to the findings of this year’s IAM IP Benchmarking survey. Although the country is still widely regarded as the…

24 May 2015

There is an intellectual dishonesty at the heart of the case for US patent reform that needs to be discussed

One notable aspect of the debate over whether there is a need for further legislative reform of the US patent system is that almost without fail those who call for new laws do so on the basis that only by making it harder for all patent owners to…

21 May 2015

PWC’s annual litigation report shows just how stacked the US patent system is against the small inventor

If you’re a regular patent market observer there’s probably not too much to surprise you in PWC’s latest patent litigation report. Covering 2014, it shows that the overall number of cases in the year was down, but that was already apparent from…

19 May 2015

There is nothing wrong with privateering; patent owners are entitled to maximise the value of their assets

In the last couple of years there have been several attempts to stymie privateering – the model by which operating companies sell patents to an NPE which then seeks to monetise them, usually through an assertion campaign. The original owner may…

11 May 2015

If companies did not infringe NPE patents, the cost they incurred from NPE litigation would be much lower

Yesterday this blog took a look at the huge difference in the amount of costs incurred by operating companies in the US as the result of NPE litigation put forward by Boston University professors James Bessen and Michael Meurer on the one hand, and…

10 May 2015

The cost of NPE disputes in the US and the $16.8 billion gap between RPX and Bessen & Meurer

In June 2012, James Bessen and Michael Meurer published their frequently-cited paper “The Direct Costs from NPE Disputes”, with its headline grabbing claim that US companies “accrued $29 billion of direct costs in 2011” as a result of NPE assertions…

08 May 2015

It’s not just big pharma that wants to see IPR reform in US patent legislation

For over an hour yesterday, as the Senate Judiciary Committee hearing on the recently introduced PATENT Act unfolded, it seemed like we were in patent fantasyland. Except for some predictable comments from the deputy general counsel of pharma giant…