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

Finding A Few Problems In New “Inventor Protection Act”

There’s a bit of a glut of anti-innovation bills in Congress right now, ranging from the STRONGER Patents Act to Rep. Massie’s RALIA bill (which I hope to write about at a later date) and now, Rep. Rohrabacher’s H.R. 6557, the “Inventor Protection Act.”1   The bill begins with legislative findings.  Unfortunately, the “findings” that…

‘Freedom To Operate’ Isn’t Even Close To Free

There’s been an increasing usage of the term “efficient infringement” in the debate over patent reform.  The basic idea is that large companies make an active choice to ignore patents and just pay for them when they lose a lawsuit. The basic idea isn’t correct.  Large companies aren’t making an active choice to ignore patents—in…

SUCCESS Act Is A Good Start—But Could Be Improved

Last week, Rep. Comstock (R-VA), along with 7 other cosponsors, introduced H.R. 6390, the “Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018” (SUCCESS) Act.  The Act recognizes the gap in innovation activity faced by women and under-represented minorities, and requires the Small Business Administration and the PTO to study the reasons…

Open Source and Standard-Essential Patents: More Alike Than Not

An interesting new paper from Martin Husovec, an assistant professor at the Tilburg University, draws parallels between Open Source and standardization regimes.  The paper, titled “Standardization, Open Source, and Innovation: Sketching the Effect of IPR Policies,” examines IPR policies in light of traditional standardization activities and the history of Open Source licenses. In short, the…

CCIA Submits Letter To House Small Business Committee Correcting USIJ Testimony

Yesterday, we submitted a letter for the record to the House Small Business Committee.  This letter, written in response to testimony submitted for the Committee’s hearing entitled “Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property,” corrects significant errors and omissions in the testimony of the USIJ witness.  Our letter to…

IP Witness Gives Incorrect Testimony To House Small Business Committee

Yesterday, the House Small Business Committee held a hearing on how small businesses use intellectual property.  And, as has happened before, promoting patents—but not necessarily promoting progress—offers data that doesn’t hold up to scrutiny. Chris Israel is an IP lobbyist for American Continental Group, with clients including Comcast, the Copyright Alliance, and Time Warner.  He’s…

CCIA Submits Comments On Proposed Change To IPR Claim Construction Standard

Today, the Computer & Communications Industry Association submitted its comments opposing the Patent Office’s proposal to change the claim construction standard applied in AIA trials from the current broadest reasonable interpretation (BRI) to the Phillips standard district courts apply. In brief, there are three main concerns: A change from BRI to Phillips is unjustified by…

More Evidence Is In—Alice Has Been Good For R&D

Tuesday marked one milestone—utility patent number 10,000,000.  But it also marked a far more important milestone—the 4-year anniversary of the Alice decision.  Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued.  It’s had a very limited impact on patent prosecution, with most applications entirely…