While the law allows courts to grant attorney fees to the winning party in a patent infringement case, many federal courts have opted not to award those fees. Courts have interpreted the standard for awarding fees, "exceptional circumstances" (35 U.S.C. §285), so high few, if any, cases have been able [...]
Apple patents being upheld will force industry toward innovation and differentiation. That's a good thing. Patents not only protect the investments of innovators, they create incentives for the rest of the industry to innovate instead of copying the work of others. Apple's win today reaffirms the importance of patents to [...]
A few days ago, Rep. Peter DeFazio introduced the SHIELD Act, a new law that aims to deter frivolous patent infringement lawsuits. The bipartisan bill is co-sponsored by Rep. Jason Chaffetz. The core problem: companies who abuse the patent system by threatening thousands of small businesses with legal action without [...]
Jonathan Zuck highlights today in Science Business that while recent progress has been encouraging, the MEPs’ decision not to vote on the single European Patent leaves innovative businesses without the historic breakthrough they so desperately need. The EU patent is a critical step towards a more innovation-friendly business environment that [...]
ACT today filed comments with the International Trade Commission on its consideration In the Matter of Gaming and Entertainment Consoles, Related Software, and Components Thereof Given the economic and public value of the app industry, ACT’s members believe that granting an exclusion order for “Standards Essential Patents” is against the [...]
