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What are the latest developments on Patent Litigation cases in the United States?

Lynda Poundesford

As a user of various legal and technological news sources, there have been numerous developments in patent litigation cases in the United States in recent years. One of the most significant changes has been the increase in patent suits filed by Non-Practicing Entities (NPEs), also known as "Patent Trolls." These entities acquire and assert patents without engaging in any actual product development or manufacturing. According to a report by Unified Patents, there has been a 30% increase in NPE litigation since 2016.

Moreover, there has been much debate over the patentability of computer-implemented inventions, such as software, following the Supreme Court's decision in the Alice Corp. v. CLS Bank International case in 2014. Many software patents have been found invalid by lower courts based on the Alice decision, which held that abstract ideas implemented on a computer are not patentable. However, some recent decisions have suggested a more nuanced approach to Alice, creating a degree of uncertainty in the law.

Another key development has been the trend towards patent litigation reform to combat "Patent Trolls." In 2017, the Supreme Court ruled in TC Heartland LLC v. Kraft Foods Group Brands LLC that patent suits must be filed where the defendant is incorporated or has a regular and established place of business. This led to a decrease of patent suits in the Eastern District of Texas, a popular venue for NPEs due to its plaintiff-friendly reputation. Additionally, the creation of US Patent and Trademark Office (USPTO) instituted procedures such as Inter Partes Review (IPR) and Covered Business Method (CBM), providing alternatives to litigation.

Finally, recent case law has signaled a move away from the "Insufficient Disclosure Theory" that previously invalidated patents for supposedly failing to sufficiently describe the claimed invention. The Federal Circuit has ruled that allegations of insufficient disclosure must be evaluated under the enablement and written description requirements of patent law, requiring a higher standard of proof. The result may be more enforcement of otherwise questionable patents.

In conclusion, the latest developments in patent litigation in the United States have been marked by an increase in NPE suits, the evolving law on software patents, reform efforts, and a higher threshold for invalidating patents. As technology continues to advance, it is likely that the law will continue to change alongside it, making it imperative for practitioners to stay up-to-date on the latest trends.