Posts written by:

Josh 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.

March 1, 2018

Is § 101 Impossible To Understand? Survey Says: No

Critics of the Alice/Mayo framework for § 101 patentable subject matter tend to claim that it’s impossible to understand or apply. Thanks to an enterprising 3L at Stanford, we now have survey evi...

February 26, 2018

PTAB Rejects Allergan’s Tribal Sovereign Immunity Claim

On Friday, the Patent Trial and Appeal Board (PTAB) issued a ruling rejecting Allergan’s sovereign immunity claims. As Patent Progress has previously described [1][2][3], Allergan sold their patent...

February 23, 2018

A New § 101 Trio Shows That We Don’t Need § 101 Legislation

The Bilski, Alice, Mayo, and Myriad cases are sometimes referred to as a § 101 quartet because they set forth the Supreme Court’s test for patentable subject matter under § 101. Over the past fe...

February 20, 2018

Innovation Is Alive And Well—Patenting Activity

After examining the evidence for U.S. innovation as shown by startups and venture capital, and by R&D spending, I want to look at patenting activity—new patent applications and new patent grants...

February 12, 2018

Chamber of Commerce Patent System Ranking Is Built On A Shaky Foundation

The Chamber of Commerce produces a yearly ranking of intellectual property systems around the world. This year, they dropped the U.S. patent system to 12th. If I thought their rankings had any mer...

February 8, 2018

Innovation Is Alive And Well—R&D

As part of Patent Progress’ series on innovation in the United States, we are examining ways to measure innovation. One useful metric, measuring the investment being made in the creation of ne...

February 5, 2018

Dear Director Iancu

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office. What are the first things you put on your agenda? I have some suggestions. Elim...

January 30, 2018

Innovation Is Alive And Well—Startups and Venture Capital

Innovation can come from anywhere—large established companies, individuals, and of course, small startup businesses. The innovation from startups can ultimately create new established companies. �...

January 26, 2018

Innovation Is Alive And Well

During 2017 we saw the 5 year anniversary of the America Invents Act and 7 years of post-Bilski jurisprudence (including Mayo, Myriad, and Alice). And there are also reports that innovation in the U...