In Patent Litigation, knowledge is power. To produce this study, Marcum’s team collected two decades of court information on awards, rulings, and disputes to uncover the patent law trends that patent holders, legal advisors, and IP professionals can… Read More »
Executive Summary Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent… Read More »
I. Introduction In 2006, the Supreme Court changed the landscape of patent law with its decision in eBay v. MercExchange,1 creating a new test for injunctions that significantly altered this longstanding remedy for patent infringement. Injunctive relief for patent… Read More »
The Importance of Reliable Patent Rights: Patents are the lifeblood of innovative startups, particularly those with significant research and development costs. Robust and enforceable intellectual property protections attract capital and ensure a seat at the table across… Read More »
A decade of abuse of the Patent Trial and Appeal Board as a tool of predatory infringement tactics has already damaged the U.S. innovation economy and undermined the ability of the U.S. to address competitive challenges by… Read More »
For decades, the United States was the leading advocate for a global trading system that respected and enforced intellectual property rights (IPR), both because the U.S. economy and millions of jobs depended on IPR and because policymakers… Read More »
The last decade was marked by dramatic evolution in China’s innovation capabilities and strategies, much of which was driven by the transition of Chinese Communist Party (CCP) and state leadership from Hu Jintao and Xi Jinping and… Read More »
Through a historically exceptional combination of political and economic freedom, liberal democracies have over the last century achieved an exceptional record of technological innovation. It is often overlooked that converting technological advances into new products and services,… Read More »
The Patent and Trial Board (“PTAB”) has come under political pressure for its use of the “Fintiv” doctrine. The Fintiv doctrine, named for the case Apple v. Fintiv, IPR2020-00019, recognizes that the PTAB has discretion on whether… Read More »
To hear it from some critics, the U.S. patent system is buckling under the weight of frenzied and unprecedented patent litigation. The explosion in disputes—so the narrative goes—greatly increases transaction costs and significantly depresses innovation. A scary… Read More »
