Recent developments in the judicial and legislative branches may be said to have made it more difficult for nonpracticing entities, and other patent owners as well, to successfully assert their patents. The recent decisions by the U.S. Supreme Court in Himark v. Allcare, which gave district court judges more authority to grant attorney fees to a prevailing party in frivolous lawsuits, and in Alice v. CLS Bank, which addressed the issue of patent-eligible subject matter, are both deterring patent suits, as reflected in the recent statistic suggesting a 40% drop in patent lawsuit filings over the past 12 months. In addition, post grant proceedings at the PTO, which took effect under the America Invents Act, have resulted in the invalidation of hundreds of patent claims. Join Anthony F. LoCicero, of Amster Rothstein and Ebenstein as he discusses these important developments and their impact on the future of patent assertion.