The United States patent system is at an inflection point. For over a decade, patent eligibility doctrine under 35 U.S.C. §101 has drifted into uncertainty, producing inconsistent judicial outcomes and eroding the reliability of patent rights in critical areas of innovation. The Patent Eligibilit...
Now is the time for Congress to pass the Patent Eligibility Restoration Act. In the world of intellectual property law, striking a balance between encouraging innovation and safeguarding inventors' rights is essential. However, this balance has been thrown off in recent years, especially after t...
With Senator Tillis in the final days of his term as a Senator, two panels testified on October 7, 2025, for the Senate Subcommittee on Intellectual Property. Both Senator Tillis and Coons promised to do what they can to advance the bill out of committee. Of the eight witnesses that testified, si...
The American innovation landscape is at a crossroads. The Supreme Court refuses to clarify its Alice and Mayo decisions. This isn't just another missed opportunity - it's a warning sign that our patent system is broken. The mess we're in stems from years of confusing court decisions, especially ...
Is Cost of Defense an Appropriate Consideration for an Exceptional Case Determination? When a patent plaintiff does nothing to increase the costs of defense beyond what is to be expected for normal litigation, is the cost of defense a proper consideration? The Federal Circuit has spoken clearly...
How much due process should be afforded a patent-plaintiff before a sanction of attorneys' fees based on an exceptional case finding? At a minimum, the merits of the infringement allegation should be considered if the basis for exceptionality is inadequate pre-filing investigation based on the m...
After years of Big Tech weakening the patent system through the courts, Congress has introduced the Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2025. This bipartisan, bicameral bill would restore the presumption that courts wi...
The recent Bloomberg tabloid article (Lawyer Big Tech Loves to Hate Wears Backlash as 'Badge of Honor') written by Lauren Castle is an irredeemable hit piece, I can only assume paid for and directed by Big Tech. One only needs to look at the few comments to see who was paying attention.....
For many independent inventors and small startups, protecting intellectual property (IP) against tech giants can feel like an uphill battle. Large corporations have deep pockets and legal teams that can easily outlast an individual inventor in a prolonged court battle. That's where litigation fun...
When intellectual property attorneys take on Big Tech to defend patent holders, they often face more than just legal opposition—they become targets of personal and professional attacks. Major technology companies, with their vast resources and influence, frequently seek to discredit attorneys who...
Intellectual Property (IP) laws, including those governing patents, are fundamental to protecting the rights of inventors and encouraging innovation. Over time, U.S. administrations have made various changes to patent law, either through direct legislation, executive actions, or influencing the j...
On December 6, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in PS Products Inc. v. Panther Trading Co. Inc.[i] that appears to allow a district court to sanction under its inherent authority when the sanctionable conduct is arguably covered by a specific r...
This is great news! The PREVAIL Act is advancing for a likely Senate vote. Ramey LLP is here to answer any questions you may have regarding any implications of the PREVAIL Act and your intellectual property. https://ipwatchdog.com/2024/11/21/prevail-act-narrowly-moves-forward-despite-concerns-...
The Patent Trial and Appeal Board (PTAB) was established in September of 2012 as part of the America Invents Act. PTAB's original purpose was to review complaints regarding the validity of patents, conduct trials and render decisions to determine the validity of patents. Ever since, big tech ha...
Patent Achieved: Now The Real Work Begins- Commercialization If I had a dollar for every client I've had to talk off a cliff because they thoughtonce they had a relevant and valuable patent, companies would be falling overthemselves to license it. The reality actually is, even if a patent holder...
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