PublishedMarch 22, 2019

CCIA Letter to Senate Judiciary IP Subcommittee Members On Questionable Studies

At last week’s Senate Judiciary IP Subcommittee hearing, questioners referenced two studies.  The first, on multiple IPR petitions, was conducted by Steve Carlson and Ryan Schultz of Robins Kaplan.  The second, on venture capital and § 101, was conducted by Prof. David Taylor of SMU.

But, as Twain said in a somewhat more colorful form, it’s important to get your numbers right.  Data can be misinterpreted and these two studies have some significant flaws.  Below is a letter from the Computer & Communications Industry Association to the members of the Subcommittee, explaining CCIA’s concerns with the referenced studies.

2019-03-20-Senate-IP-Subcommittee-Letter-Re-Referenced-Studies

Josh Landau

Patent Counsel, CCIA
Follow x

Joshua Landau is the Patent Counsel at the Computer & Communications Industry Association (CCIA), where he represents and advises the association regarding patent issues.  Mr. Landau joined CCIA from WilmerHale in 2017, where he represented clients in patent litigation, counseling, and prosecution, including trials in both district courts and before the PTAB.

Prior to his time at WilmerHale, Mr. Landau was a Legal Fellow on Senator Al Franken’s Judiciary staff, focusing on privacy and technology issues.  Mr. Landau received his J.D. from Georgetown University Law Center and his B.S.E.E. from the University of Michigan.  Before law school, he spent several years as an automotive engineer, during which time he co-invented technology leading to U.S. Patent No. 6,934,140.

Follow @PatentJosh on Twitter.

More Posts

November 17, 2025 Congress and Patents

Tuesday Markup of Litigation Funding Legislation

Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...
Read more
October 30, 2025 Post Grant Review

Step 1: Destroy IPR.  Step 2: ???  Step 3: Profit.

Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review.  Combined with other changes made by the USPTO, inc...
Read more
October 17, 2025 Post Grant Review

Capable of Repetition, But Avoiding Review—USPTO New Regulation Not Reviewed By OIRA

The USPTO has put out a new NPRM, attempting to lock in place rules that were created without going through rulemaking in the prior Trump administration. While I have a lot to say about the substance...
Read more

Subscribe to Patent Progress

No spam. Unsubscribe anytime.