Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged […]
The America Invents Act requires the study of the positive and negative effects of patent assertion entities (“PAEs”) on the economy. This report provides one account of these impacts, as they are experienced by young technology companies. How patent demands impact startups is critical because they are a vital source […]
In 2011 Congress directed the Government Accountability Office (GAO) to study the effects of non-practicing entities (NPEs) on patent litigation. The GAO turned to Lex Machina’s extensive data set on patent cases to carry out the study and to illuminate the role […]
Patent cases are well-suited for detailed empirical investigations because of the availability of specialized databases, such as the Stanford IP Litigation Clearinghouse (IPLC) … See http://www.law.stanford.edu/program/centers/iplc. The IPLC is presently operated by a private company, Lex Machina, Inc. (https://lexmachina.com) in Palo Alto, California. The dataset for the empirical study reported […]
Patent cases at the district court level are one of the most contentious forms of litigation. Scorched-earth litigation tactics, which include protracted discovery battles and overly aggressive motion practice, are common. Overzealous advocacy is not only costly to the parties but also burdens the courts and undermines the public interest […]
Commentators have observed for years that patents do less good and cause more harm in the software industry than in other industries such as pharmaceuticals. Software patents create thickets of overlapping inventions, and are asserted in droves by patent trolls against innovative companies. Some have argued that software isn?t the […]
Lex Machina worked with Santa Clara University Law School Professor Colleen Chien to identify the home state of all defendants in International Trade Commission cases from January 2011 through June 2012. This map was presented to Congress by Professor Chien in her […]
The International Trade Commission (ITC) is an integral part of the American patent system. Although it can only block imports on behalf of domestic industries, now that most technology products are manufactured abroad and Congress has relaxed the domestic industry requirement, nearly every patentee is a potential ITC complainant and […]
While many believe the patent system has hit a historic and unprecedented low, discontent with patents, and in particular with software patents, is nothing new. In 1966, a Presidential Commission recommended prohibiting software patents because of the PTO’s inability to vet them. In 1883, the Supreme Court railed against “speculative […]
Injunctions have often been viewed as mere “off switches” that prevent future violations of rights protected by so-called property rules. But injunctions in fact come in a variety of forms having different objects, scopes, and degrees of effectiveness. In practical situations, an injunction might amount to little more than a […]