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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Latest Blog Post

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 patents in federal court.  Given the large number of lawsuits by state entity patent owners, this represents a serious issue in patent law.

On Tuesday, November 5, 2019, the U.S. Supreme Court heard oral arguments in Allen v. Cooper, a case considering the constitutionality of a statute limiting state sovereign immunity against claims for copyright infringement. 

Recent posts

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.

New E.D. Texas Ruling Is Vicarious Victory for Trolls

In a decision issued last week, Judge Gilstrap—the “poster boy” for patent trolls’ favorite court, the Eastern District of Texas—has mangled the law on induced infringement, contributory infringement, and willfulness.  The ruling in Motiva v. Sony & HTC contradicts case law and the logic of the statute, cites case law for a proposition it explicitly…

Mythical Troll Attacks GNOME

It’s become a bit of shibboleth among the folks who want to roll back the patent reforms of the past decade that patent trolls are a myth.  Unfortunately, this week one of those mythical trolls is taking a very real swing at a little GNOME.