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Full-Text Articles in Law
Santa Clara Law Best Practices In Patent Litigation Survey, Colleen Chien, Nicole Shanahan, Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Christopher Patrick Tosetti
Santa Clara Law Best Practices In Patent Litigation Survey, Colleen Chien, Nicole Shanahan, Daniel Dobkin, Wesley Helmholz, Coryn Millslagle, Christopher Patrick Tosetti
Faculty Publications
Over the past few years, Congress, appellate, and district courts have made significant strides to improve patent law and litigation practice. Congress is now considering making more changes, to supplement ongoing tailoring by the courts. Dialog between the patent bench, patent bar, and lawmakers is crucial for informing these efforts. To support this dialog, we developed, in consultation with judges and company lawyers in spring of 2013, a list of questions to probe the experiences, opinions, and suggestions of lawyers. We asked survey takers to rate, on a range from ineffective to very effective, certain existing and proposed practices and …
Does The Us Patent System Need A Patent Small Claims Proceeding?, Colleen Chien, Michael J. Guo
Does The Us Patent System Need A Patent Small Claims Proceeding?, Colleen Chien, Michael J. Guo
Faculty Publications
Patent litigation is expensive. The primary motivation for the creation of a patent small claims proceeding is to make enforcement more affordable. However, in the twenty or so years since the American Intellectual Property Law Association (AIPLA) first endorsed the idea of a small claims patent court through Resolution 401‐4, the patent litigation landscape has drastically changed. Although patent litigation costs are still high, the equities have shifted. The marketplace for patents has developed, providing more options than previously existed to monetize and assert patents. However, the cost of patent defense has not gone down, and small companies cannot afford …
10 Things The Pto Can Do To Enhance Context-Based Patent Disclosure, Colleen Chien
10 Things The Pto Can Do To Enhance Context-Based Patent Disclosure, Colleen Chien
Faculty Publications
The PTO held a roundtable and solicited comments on a proposal to require Real-Party-in-Interest disclosures in patents. Through this comment, which I submitted to the PTO, I support their efforts to elicit and disseminate ownership data by 1) explaining why ownership information, and context-information in particular, is so important to the core functions of the patent system of technology transfer and technology commercialization; 2) commending and suggesting several steps the PTO could take/continue to take to improve the quality, quantity, and dissemination of ownership information; and 3) providing an Appendix that summarizes each of the 17 comments that the PTO …