Blog Posts

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.,…

Samsung v. Apple, Explained

(This post was cross-posted at Huffington Post) Tomorrow, the Supreme Court will hear arguments in Samsung v. Apple, a case about design patents. This is an important case, and the parties do have a lot at stake: the district court awarded Apple $399 million in damages for design patent infringement. That $399 million represents the…

Opposition to Venue Reform Misses Target

Note: The original version of this post first appeared at IPWatchdog. A group of 28 law professors just sent a letter to Congress opposing patent venue reform. As I’ll explain below, however, their points really don’t justify delaying venue reform. As you probably know, more patent cases are brought in the Eastern District of Texas than…