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Patent Billy Goat

Patent Billy Goat

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University patents now immune to inter partes review: Will business come calling?

Patent drawing of graduation mortarboard

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). The January 25 decision confirmed that state sovereign immunity applies to patents held by state universities. READ MORE

5 tips for cutting patent litigation costs

Jason Schwent, CIPP/US November 17, 2015
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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

Has the war on patent trolls caused collateral damage?

Jason Schwent, CIPP/US March 19, 2015
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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

Is there such thing as a lovable patent troll?

Jason Schwent, CIPP/US December 9, 2014
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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

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

Jason Schwent, CIPP/US September 30, 2014
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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

I got a cease and desist letter. Now what?

Jason Schwent, CIPP/US March 27, 2014
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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
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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
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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

Welcome to the Patent Billy Goat

Jason Schwent, CIPP/US February 21, 2014
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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