Political Consensus To Undo SCOTUS Patent Decisions
Two patent-friendly bills have gained traction in Congress recently. Both legislative initiatives have support from Republicans and Democrats in the House and Senate, and if they pass, they’d have a big impact on the U.S. patent system.
You might wonder—what type of legislation can get bipartisan support in both chambers of Congress in the current political climate? The answer—legislation that overturns controversial Supreme Court opinions.
First, the Patent Eligibility Restoration Act (PERA) would rewrite Section 101 of the patent code and essentially overturn the Supreme Court’s Alice and Mayo decisions on patent eligibility. PERA was originally introduced in the Senate last year, and a mirror version was introduced in the House last week. Patently-O published a brief analysis of PERA, and the history behind it, earlier this week.
Another pro-patent bill with support from both sides of the aisle is the RESTORE Patent Rights Act, which would overturn eBay and allow patent owners a presumption of injunctive relief when their patents are infringed. RESTORE was introduced by bipartisan groups in the House and in the Senate in July of this year. For more detail on the RETORE Patent Rights Act, check out Senator Coons’ one-page explainer.
Both of these bills—PERA and RESTORE—would almost certainly increase the value of U.S. patent rights for high tech companies. Neither bill is expected to be passed into law in the immediate future. But the bipartisan, bicameral support for stronger patent rights is a good sign for innovative tech companies and the long-term value of their patent portfolios.
Patent Trials and Triumphs: AI software
Patent Trials and Triumphs is our blog series where we showcase U.S. patents that have triumphed in recent jury trials. Looking at patent portfolios that have survived the gauntlet of modern litigation provides unique insight on how to create robust patent portfolios that produce real value for tech companies.
In our most recent post in the series, we look at an AI software patent that describes some of the original technology behind Siri. The case, IPA v. Microsoft, provides another story of a smaller company winning a nine-figure damages award (in this case, $242 million) against an infringing tech titan.
Human Resources and Intellectual Property: How to Implement Confidentiality Policies
When it comes to protecting your company’s IP assets, it’s important to be proactive with good employment practices. Most tech companies have well-developed policies and procedures to protect their IP, but it’s critical to also follow through on these policies and create an environment that integrates best practices into everyday workflows. In this post, we’ll outline the best practices you can take to consistently reinforce your company’s expectations and implement your IP policy over the course of an employee’s tenure.
7 Business Best Practices for Protecting Intellectual Property
For companies who need to protect confidential information related to their research and development effots, data security policies and information technology (IT) infrastructure are critical for protecting their most valuable business assets. Many businesses put significant resources into legal processes to protect their IP, for example, through legal agreements and patent filings. But of course, to be truly effective, your legal strategy needs to be backed up by other good business practices.
In this post, we’ll review three tools that are commonly used to provide legal protection for confidential information, and then we’ll take a closer look at seven business policies that work hand-in-hand with legal policies to protect your IP.
Michael K. Henry, Ph.D.
Michael K. Henry, Ph.D., is a principal and the firm’s founding member. He specializes in creating comprehensive, growth-oriented IP strategies for early-stage tech companies.