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Dykema Gossett PLLC
Dykema Gossett PLLC

SerendIPity: Dykema's Intellectual Property Law Blog

Intellectual Property Law Blog

News and Analysis of Legal Issues Affecting Intellectual Property



Showing 4 posts in Patent NPEs.

The Supreme Court Delivers Clarity for (Some) Software Patents

Yesterday, the Supreme Court issued its much anticipated ruling on the patentability of software. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, et al., No. 12-298. As with many of its recent decisions relating to patent law, the Court did not make any sweeping pronouncements on the general patentability of software patents. Instead, the Court addressed the narrower issue of whether abstract ideas, long held to be ineligible subject matter for patents by themselves, could become patent eligible if they were implemented on a generic computer. The Court held that they cannot. Read More ›

Supreme Court Takes Aim at NPE’s Pocketbook

The U.S. Supreme Court issued two rulings today that make it easier for trial courts to award attorneys' fees and costs in patent cases. In unanimous decisions, the Court relaxed two Federal Circuit standards for such awards. The statute at issue in both cases is 35 U.S.C. §  285, which allows judges to order losing parties in patent cases to pay the prevailing party’s attorneys’ fees. Read More ›

Why the Surge of Patent Infringement Case Filings on April 23?

On April 23, 2014, there was a substantial increase in the number of patent infringement cases filed throughout the country that left many wondering: "why?" As one industry observer noted, this surge was likely due to a provision that was added to the pending patent reform litigation in the Senate Judiciary Committee which would make the attorney fee shifting provisions retroactive to any case filed on April 24, 2014 or later, regardless of when the bill may actually become law. Read More ›

Is Patent Reform One Area Where Democrats and Republicans Agree?

Will 2014 be a new year for patent reform legislation? The America Invents Act of 2011 was signed into law less than 3 years ago and its major provisions took effect just last year. On the surface, it would seem unlikely for Congress to pass another significant bill aimed at reforming the U.S. patent system so soon, but a closer look at several indicators makes it seem that, as the Magic Eight Ball would say, “All Signs Point to Yes.”  Read More ›