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Patent Troll Remediation: Taking the "P" Out of "IP" Part III?

Thursday, January 16, 2014 12:30 PM to 1:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


The 2006 SCOTUS decision in eBay reversed the long-applied presumption of injunctions against adjudicated infringers (trespassers) of intellectual property, citing the "problem" of non-practicing entities (aka "trolls") who sought to collect rent on property that they were not themselves developing. The 2011 America Invents Act (AIA) changed patent entitlement from "first to invent" to "first inventor to file a patent application" and established a new array of administrative attacks on issued patents and other remedies for troll practices. Following White House, industry and public outrage over "hold-ups" by trolls demanding tolls from retailers and start-ups, H.3309, entitled the "Innovation Act" was reported out of the House Judiciary Committee by a overwhelming bi-partisan vote notwithstanding caution by such organizations as the American Bar Association and the American Intellectual Property Law Association that many of the anti-troll measures were unnecessary and would hurt "legitimate" patent owners ("throwing the baby out . . ."). The bill was rushed within ten days through bi-partisan approval in the House and is in Senate Judiciary whose chair has already applauded the bill.

The Innovation Act may be in place by the time of this brown bag roundtable. In any case, Stephen Y. Chow, Partner, Burns & Levinson LLP, will provide briefing of its provisions – which include a partial reversal of the "American Rule" of litigants paying their own costs, restrictions on pleading and discovery and further extensions of patent-opposer "rights" in the new administrative proceedings.


Sponsoring Section/Committee(s):




Jennifer Jones


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