Go Ask Alice: Looking Back at Patents for Entrepreneurs

Forbes recently interviewed Finnegan managing partner James B. Monroe and partner Erika H. Arner to discuss top IP stories from 2015 and trends for 2016. Arner cited Teva v. Sandoz (requiring some deference be given to district court claim constructions), Commil v. Cisco (making it harder to defend against claims of induced patent infringement), and Kimble v. Marvel Enterprises (limiting a patentee’s ability to collect royalties after a patent expires) as the three most important Supreme Court cases in 2015. She also noted that patent litigation was down 13% in 2015, due to factors such as the Supreme Court's 2014 Alice v. CLS Bank decision and the effects of post-grant patent challenges under the America Invents Act. Monroe believed another important IP event from 2015 was the halt of several patent legislation bills, including the STRONG Patents Act and the Protecting American Talent and Entrepreneurship (PATENT) Act of 2015. When asked how these events will impact companies in 2016, Monroe said, "We expect that patent rights will continue to play an important role as companies work to differentiate themselves in the marketplace. Intellectual capital will continue to gain importance as companies adapt to an increasingly virtual global marketplace."