“The Federal Circuit and District Courts have now begun to interpret and apply the recent U.S. Supreme Court patent decisions (Alice, Nautilus, Octane, etc) in a way which increases invalidity risk, narrows claims scope, and makes enforcement litigation less financially attractive.

At the same time, it is now easier (and less expensive) to challenge validity of issued patents in the USPTO using the AIA’s Inter-Parties Review, Post-Grant Review and Covered Business Method procedures.

Finally, previously accepted methodologies for calculating reasonable royalty damages in infringement litigation are being re-examined and modified, or rejected altogether, (e.g., limited use of “entire market value” rule, proof of “causal nexus,” apportionment among patented and unpatented components.)

The combined effect of these changes could be a significant reduction of NPE litigation and lower valuations in the patent transactions marketplace.

PANELISTS
Suzanne Harrison, Director, Inflexion Point Strategy
Matthew Lynde, Vice President, Cornerstone Research
Robert Taylor, Owner and Founder, RPT Legal Strategies PC”