The RESTORE Patent Rights Act would redress serious legal and economic ills created by the Supreme Court in its 2006 eBay v. MercExchange decision and its mistaken interpretation of the patent laws that traditionally have secured property… Read More »
Executive Summary: • In the 2006 eBay Inc. v. MercExchange LLC decision, the U.S. Supreme Court abandoned the longstanding principle that a patent owner is presumptively entitled to an injunction once it defends validity and demonstrates infringement…. Read More »
Introduction Since its inception in the late 1990s, the mobile communications device industry has revolutionized everyday life and, in the process, generated immense economic value by enabling new business models and industries that would previously have been… Read More »
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 »
Executive Summary The law surrounding patent eligibility, or the standard for what types of invention are able to be patented, has changed dramatically over the last fifteen years. What started as a broad and inclusive standard, “anything… 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 »
