CEO Hy Hetherington participated in a Webinar moderated by Robert Sterne, partner at Sterne Kessler Goldstein & Fox LLP. The panel discussed issues surrounding the evolving IP monetization landscape, including legislative and judicial trends and the trend from US to European monetization.
http://www.skgf.com/events/the-new-ip-business-model-how-to-folllow-the-money-no-1
Bruce Lehman, through his organization IIPI, co-hosts a CLE program on post-grant proceedings in the US Patent & Trademark Office. The discussion will focus on the new processes for reviewing patent validity as enacted by the America Invents Act.
http://iipi.org/2013/11/iipi-and-bloomberg-bna-to-host-cle-seminar-on-post-grant-patent-practice/
The US Supreme Court has granted certiorari to rule on the divisive subject of what types of software innovations qualify for protection as patentable IP. The Court hopes to provide guidance on the issue through the lens of Alice Corp. v. CLS Bank, Intl., a case where the Federal Circuit panel produced six split decisions on how the law should be interpreted.
http://www.bloomberg.com/news/2013-12-06/software-patents-get-u-s-supreme-court-review.html
Senate passed the Innovation Act, a bill designed to curb the power patent trolls to employ abusive tactics and file frivolous litigation. The bill was approved by a margin of 325 to 91, garnering substantial bi-partisan support.
For more information on the bill, visit: http://www.washingtonpost.com/blogs/the-switch/wp/2013/12/05/the-house-votes-on-patent-reform-today-heres-what-you-need-to-know/
The new rules for EU unitary patents that take effect January 1, 2014 are aimed at creating a more streamlined, efficient and cost-effective patent system in Europe. The basics of the new system and how it will impact patent litigation is covered in this Q&A: http://www.europarl.europa.eu/news/en/pressroom/content/20121205BKG57397/html/The-new-EU-unitary-patent-QA.
Secretary of Commerce for IP and Director of the USPTO David Kappos was keynote speaker at an event hosted by the Center for American Progress. In his speech, Kappos focused on the hot topic of software patents, specifically how the USPTO and courts have narrowed the scope of what is patent eligible. For a complete copy of the speech, see: http://www.uspto.gov/news/speeches/2012/kappos_CAP.jsp.
In "The Patent Millionaires: Striking It Rich With High Stakes Litigation," Forbes takes a look at the landscape of NPE's and patent litigation.
On July 25, 2012, 1624's Chief Investment Officer Gordon Walker spoke on a panel concerning navigating legal/ethical concerns inherent to litigation finance with other industry leaders, including Professor Anthony Sebok. The conference, "Emerging Ethical Risks for Attorneys," was hosted by Weisbrod Mateis & Copley PLLC and Richards Kibbe & Orbe LLP.
The event flyer can be viewed here.
Patent litigation is a breed of its own. It has evolved considerably in the past fifteen years and will continue to do so as the impacts of the America Invents Act set it. In the 2012 Patent Litigation Study, PricewaterhouseCoopers investigates trends in patent litigation between 1995 and 2011, including damages awards, the “best” venues for patent holders, and the differences between practicing and non-practicing entities.
The study can be read here.
The New York City Bar Association weighed in on litigation finance through a Formal Opinion 2011-2. In doing so, the Association touched on how attorneys can successfully navigate potential conflicts, privilege/confidentiality, and control. Litigation funding is playing an increasingly important role in the landscape of New York legal practice.
A link to the opinion can be found here.
Third-party litigation finance has become a regular part of the major commercial litigation landscape. In a White Paper released in 2011, an ABA Working Group discusses pertinent issues in litigation funding, including how attorneys can best navigate legal and ethical issues when seeking funding with their clients.
The white paper can be read here.