Deeplinks Blog posts about Patents
Patent trolls were down but certainly not out in 2016. After a massive burst of litigation at the end of last year, we saw a noticeable drop in patent troll lawsuits at the start of this one. But trolls began returning to court as the year continued and 2016 will likely end with a relatively small overall decline. Consistent with recent trends, troll cases clustered in the Eastern District of Texas.
As you head home for the holidays, perhaps passing through a checkpoint or two, take some time to think about U.S. Patent No. 6,888,460, “Advertising trays for security screening.” The owner of this patent, SecurityPoint Holdings, Inc., has sued the United States government for infringement. SecurityPoint recently won a trial on validity [PDF] and the case will now proceed to a damages phase. So, unless the validity decision gets overturned on appeal, we’ll soon be paying tax dollars for the idea of moving trays on carts.
A district court judge has issued a disappointing ruling reversing an earlier decision to require an abusive patent litigant to pay an EFF client’s attorney’s fees. Judge Jerome Simandle of the District Court of New Jersey held that, even thought the patent was invalid, the relevant law was too uncertain to find the case exceptional and award fees.
The Supreme Court has granted certiorari in TC Heartland v. Kraft Foods, a case that effectively asks the court to decide whether patent owners can sue in practically any corner of the country. EFF supported TC Heartland, the petitioner, at the Court of Appeals for the Federal Circuit and as well in asking the Supreme Court to hear the case. The petition to the Supreme Court became necessary after the Federal Circuit issued a disappointing decision that maintained the status quo.
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