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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Why Was Oracle v. Google in the Federal Circuit?

Last week, the Supreme Court granted certiorari in Google v. Oracle, preparing to review the Federal Circuit’s decision that application programming interfaces (APIs) are copyrightable and that the replication of an API to implement compatibility is not a fair use.  There are numerous legal flaws with the Federal Circuit’s decisions, flaws addressed at length in the Disruptive Competition Project’s comprehensive coverage of the case, but one thing that isn’t in the case is a patent—it’s all about copyright.

So why did the Federal Circuit, the appellate court whose jurisdiction centers largely around hearing patent cases, decide key issues of copyright?

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Guest Post: Is Big Tech FRANDly to Competition?

Charles Duan is the Director of Technology and Innovation Policy at the R Street Institute, a nonprofit, nonpartisan think tank based in Washington, D.C. This post is cross-posted at the Disruptive Competition Project. On Tuesday, Apple released a new policy on its website relating to the obscure topic of “FRAND” licensing of patents. That’s an…

Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case

This post, from guest author Jonathan Band, first appeared on the Disruptive Competition Project.  While the case addresses sovereign immunity with respect to copyright claims, it directly implicates the Florida Prepaid decision which applied sovereign immunity to states who infringe patents.  Later cases interpreted Florida Prepaid to bar actions by defendants seeking to invalidate state…

Senate Hearing on Patent Quality Today

Later today, the Senate will hold a hearing on how Congress can help prevent the issuance of poor quality patents.  I recently testified at a hearing on the STRONGER Patents Act and patent quality was one of the topics discussed.  In fact, in my responses to questions for the record from Sen. Tillis, I addressed…

Voting Machines, Patents, and National Security

When standard-essential patents (SEPs) are in the news, it’s usually in the context of cellular or wireless networking standards.  Maybe you’ve thought about how standards govern other things, ranging from audio-visual encoding standards like MP3 to threads on fire hydrants. But what you probably don’t think about are voting machine standards.