Posts by Matt Levy

Patent Owners Don’t All Hate IPRs

Bloomberg BNA and AIPLA just released a nationwide survey of patent attorneys and agents asking about their experiences with inter partes review at the Patent Trial and Appeals Board. Bloomberg BNA and AIPLA did a survey of attitudes towards inter partes review (IPR). Among attorneys representing patent owners, 48% said that they thought that over…

Why IPO Is Wrong About Section 101

It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the…

Patent Reform Is Back on Congress’ Agenda

Here’s some good news from the House of Representatives. Chairman Goodlatte of the House Judiciary Committee announced the agenda for this Congress, and here’s a key item: We’ll also work on reforms to discourage abusive patent litigation and keep U.S. patent laws up to date. Collectively, these reforms will help alleviate the wasteful burden of…

Why No One Should Listen to Qualcomm About Patents

Qualcomm is a major opponent, perhaps the strongest opponent, of patent litigation reform. It’s becoming pretty obvious why. A few weeks ago, the Korean Fair Trade Commission went after Qualcomm for its anti-competitive licensing practices. This time, it’s the U.S. Federal Trade Commission going after Qualcomm for its licensing practices. I wrote about the KFTC…

Why It’s a Good Thing If Michelle Lee Stays at USPTO

Well, this would be a nice surprise: it seems that Michelle Lee may be staying on as Director of the US Patent & Trademark Office. Director Lee has done a great job for businesses and innovators over the last few years. Perhaps her most important contribution has been her recognition that the USPTO issued a…

KFTC Takes Action Against Qualcomm

The Korean Fair Trade Commission (“KFTC”) has just taken extreme action against Qualcomm for anti-competitive practices. The KFTC fined Qualcomm about $850 million and ordered it to change the way it licenses its standard-essential patents. Why did the KFTC do this? Well, Qualcomm breaks its commitments to standard setting organizations, strong-arms its customers into giving…

Smartphone Patent Wars, a Poem

‘Twas the week before Christmas, And all through the news, The smartphone patent wars Were giving us the blues. Just when we thought Apple-Samsung was done, Nokia decided To rejoin the fun. Nokia sued Apple, For their deal had expired, New patents, new charges, New lawyers were hired. Apple, in turn, Would now claim antitrust…

Software Patents Will Survive: How Section 101 Law Is Settling Down

(This article first appeared at IPWatchdog.) Software patents have been controversial for decades. The discussion generally centers around whether software is patent-eligible subject matter. Since the Supreme Court’s decisions in Bilski v. Kappos, 130 S.Ct. 3218 (2010); Mayo Collaborative Servs. v. Prometheus Labs, 132 S.Ct. 1289 (2012); Ass’n for Molecular Pathology v. Myriad Genetics, Inc.,…