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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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Massachusetts Re-Introduces Bad Faith Demand Letter Bill

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Across the United States, two-thirds of all states have introduced legislation that targets bad faith patent assertion by entities like MPHJ and Shipping and Transit.  Massachusetts State Sen. Eric Lesser and State Rep. Lori Ehrlich are trying to make Massachusetts the most recent state to join this club.

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Anything Qualcomm Can Do, Huawei Can Do (Better?)

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With the settlement of the Apple-Qualcomm litigation, the fate of the FTC’s litigation against Qualcomm has become the next topic of interest in the standard-essential patent (SEP) sphere.  There are a host of reasons why the FTC shouldn’t settle that relate to concerns about Qualcomm’s behavior and its impact on competition and consumers.  But beyond…

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The Federal Circuit Goes Through The Looking Glass

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The process of claim construction—interpreting the meaning of the words used in a patent claim—can be confusing at the best of times.  At its worst, as in the Federal Circuit’s Dupont v. Unifrax decision this week, it most closely resembles an exchange from Lewis Carroll’s “Through the Looking Glass.”

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Apple, Qualcomm Settle—But That Doesn’t Mean The FTC Should

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Apple and Qualcomm have reached a global settlement to the wide-ranging dispute between the two companies.  Stretching from China to the UK to the US, in a range of forums in various countries, Apple had accused Qualcomm of anti-competitive conduct in patent licensing, while Qualcomm brought a grab-bag of counterclaims.  All of that is over.…

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