Senator Patrick Leahy (D-VT) has announced that he won’t be seeking re-election to the Senate for a ninth term. First elected in 1974, Senator Leahy has spent nearly 50 years in the Senate, focused on a wide variety of issues. Intellectual property is one of those issues, and it’s an issue where he’s been a…
Joshua Landau
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.
Posts by Josh Landau
Sens. Leahy and Tillis to Chief Justice Roberts: Something’s Up In Waco
by Josh Landau •
The Senate Judiciary Committee’s IP Subcommittee had an active day yesterday with members sending out a pair of letters that suggest that they see some serious problems in the patent system. The first letter, sent by both Chairman Leahy and Ranking Member Tillis to Chief Justice Roberts, in his role as head of the Judicial…
Widespread Support for IEEE 2015 Patent Policy
by Josh Landau •
In 2015, the IEEE made changes to its Patent Policy for standard-essential patents (SEPs). Among other things, that policy strongly disfavored seeking injunctive relief for SEPs because injunctive relief permits using the threat of enjoining an entire product to extract a royalty that covers more than the value contributed by the patent. The policy also…
Arthrex, Mobility Workx, and Director Review at Institution
by Josh Landau •
There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case. In Mobility Workx, a divided panel of the Federal Circuit rejected a variety of constitutional challenges to the Patent Trial and Appeal Board (PTAB). Judges Dyk and Schall, in the majority, found no merit in the due process…
Leahy and Cornyn Introduce Bill To Restore The America Invents Act
by Josh Landau •
Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA). RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative…
Fixing The ITC: Bipartisan Advancing America’s Interests Act Reintroduced
by Josh Landau •
A little over a year ago, Reps. DelBene (D-WA) and Schweikert (R-AZ) introduced the Advancing America’s Interests Act (AAIA). Unfortunately, no action was taken on it in the previous Congress. But last week, Reps. DelBene and Schweikert reintroduced the legislation. Hopefully it receives more attention and support in the current Congress.
Federal Circuit to Judge Albright: You Get An F
by Josh Landau •
In yet another mandamus order directed to the Western District of Texas, the Federal Circuit has once again explained to Judge Albright that his analysis of transfer motions is incorrect and ordered him to send a case elsewhere. It’s worth reading the entire order in In re Hulu, but if you don’t have time, I…
Patent Quality Week: Public Interest Patents, The AIA At Ten, And More
by Josh Landau •
This week marks the first annual Patent Quality Week. Low quality patents can have huge negative impacts on business sectors from Main Street retailers to Silicon Valley startups, and everywhere in between. Coordinated by Engine, a policy advocate for startups, Patent Quality Week includes a number of events focused on patent quality and how it…
The ITC In 2020: Anything But Typical
by Josh Landau •
With the American republic having just had its 245th birthday, let’s take a look at an agency that’s charged with regulating trade with foreign countries, encouraging American industries, and protecting American labor. I’ve previously criticized the International Trade Commission (ITC) for having gone from being a trade court protecting U.S. domestic industry to being a…
Arthrex Is Here—What Will It Mean?
by Josh Landau •
Yesterday, the Supreme Court handed down its much-awaited decision—at least, much-awaited by people who care about patents and the Patent Trial and Appeal Board (PTAB)—in the consolidated U.S. v Arthrex, Arthrex v. Smith & Nephew, and Smith & Nephew v. Arthrex cases. And while the multiple parties and multiple opinions might look complicated, it’s actually…