Patent Baristas

The International Quality and Productivity Center (IQPC) is holding a Patent Infringement Litigations Summit on developing strategically sound, cost-effective methods to manage increasing patent litigation. Often, patent infringement litigation comes out of nowhere.  It is unpredictable.  Companies are constantly trying to figure out the best way to manage both the litigation itself and the corresponding costs.  […]

With the passage of the Leahy-Smith America Invents Act (AIA) last year, which converted the patent system from a ‘first to invent’ to a ‘first inventor to file’ system. The AIA, signed into law in September 2011, indeed brought significant changes in certain areas. But it did not address the calculation of damages in patent […]

Patent law is essential to industry and commerce, whether creating new markets and technologies through “creative destruction” and “disruptive innovation” or evolving and improving those that already exist. Cases involving these patents, however, require a judiciary well-informed enough to understand the differences between them. In addition, disruptive innovations in biotechnology can raise questions traditionally addressed […]

What: Known by many names within the industry – non-practicing entity (NPE), patent assertion entity (PAE) and most infamously as “patent trolls” – NPEs over the past few years have single-handedly spawned a sub-specialty of patent litigation.  It’s certainly big business.  It’s estimated that the average patent suit involving NPEs results in $122 million in […]

“There are three kinds of lies: lies, damned lies, and statistics.”  ~British Prime Minister Benjamin Disraeli Surveys are everywhere and poll results are available for every imaginable topic.  In the U.S.,   there were concerns about the admissibility of surveys for hearsay reasons but legislative amendment (Rule 702 of the 1975 Federal Rules of Evidence) eliminated  […]

“The major issue in patent litigation in the People’s Republic of China is obtaining evidence to prove infringement.”  ~ Douglas Clark As China’s economy has risen to be one of the largest in the world, disputes involving intellectual property rights will become more frequent as well as increasingly critical for business survival. “Patent Litigation in […]

The ability of an intrepid inventor to strike it rich from a great idea seems to be embedded in the DNA of many Americans.  Perhaps this view emanates from the presence of patents in the US Constitution, which could create a feeling that US citizens have an “inalienable right” to use patent protection to their […]

In Canada, linkage regulations similar to the Hatch-Waxman Act in the U.S. ensure that generics manufacturers have to address relevant patents listed on the Patent Register (the analog to the Orange Book) if they want to market their product prior to the expiry of listed patents.   Generics manufacturers can do so either by accepting the terms […]