Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—but that assertion doesn't appear to be backed up by the facts.

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Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a…

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New Study Shows That IPR Delivers An Economic Benefit, Even If The District Court Doesn’t Stay Litigation

New research from the Perryman Group shows that inter partes review (IPR) is economically beneficial, even if co-pending district court litigation isn’t stayed.  The Perryman study, commissioned by Unified Patents, examines IPR’s economic impact, including the difference between staying or continuing on with a co-pending district court case.  There are two important findings in this study.

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Senator Leahy to Take Chair of IP Subcommittee

I’ve been informed that, contrary to what many expected, Senator Leahy will be taking over the Chair of the Senate Judiciary Subcommittee on Intellectual Property, with Senator Coons moving to a newly reconstituted Privacy, Technology, and the Law Subcommittee. Senator Leahy was one of the authors of the 2011 America Invents Act (AIA), and may…

Fintiv Denials Playing a Role in Huawei Assertion Campaign

Whenever we discuss the U.S. patent system, it’s critical to recall that while these patents are U.S. patents, anyone in the world can obtain one.  And they do.  In fact, in FY2020, of the 399,055 patents issued by the USPTO, 210,695—more than half—were obtained by residents of foreign countries.  Any changes that are made to…

All Hands on Deck: Ensuring Innovation, Not Just Patents, From All

As the Iancu era at the U.S. Patent and Trademark Office comes to a close, one of the USPTO’s initiatives has focused on promoting diversity in patenting.  The newly established National Council on Expanding American Innovation, and the associated USPTO request for comments on a national strategy for expanding innovation, focus on having under-represented groups…

Unwired Planet, International Chaos

Late last August, the UK Supreme Court issued a ruling in Unwired Planet permitting UK courts to assert jurisdiction over worldwide rate-setting in standard-essential patent (SEP) disputes. I predicted that this would lead to widespread chaos, with companies picking different jurisdictions and attempting to obtain a better rate in one forum than the other. I…