On Monday, the Supreme Court denied certiorari in the Saint Regis Mohawk v. Mylan case, bringing to a close a nearly 18-month-long attempt to sell tribal sovereign immunity as a shield against the inter partes review (IPR) process.
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.
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Posts by Josh Landau
Jefferson on Abstract Ideas
by Josh Landau •
Thomas Jefferson neatly summarized the core of the debate on at least one aspect of patentable subject matter, over 200 years ago.
Beauchamp on Founding-Era Patent Revocation
by Josh Landau •
An article from Prof. Chris Beauchamp, newly published in the Vanderbilt Law Review and titled “Repealing Patents”, examines the history of Founding-era patent revocation. It’s a complex story, influenced by the changing character of the pre-1836 patent system, and reveals that there did seem to be a belief in a public interest in the invalidation…
Qualcomm: Inconsistent With Respect To Facts, Its Own Actions
by Josh Landau •
In the wake of Qualcomm’s loss in front of the full International Trade Commission (ITC) yesterday, Qualcomm released a statement that doesn’t match up with the facts. Here’s what Qualcomm had to say: The implication is that the jury found the patent valid, which would be inconsistent with the ITC’s finding—but that’s not what happened.…
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
by Josh Landau •
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found that Apple infringed claim 1 (but not claim 8) of U.S. Pat. No. 8,063,674, and that the claim was valid. Based on that, she stated that she…
CCIA Letter to Senate Judiciary IP Subcommittee Members On Questionable Studies
by Josh Landau •
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,…
Reports of Qualcomm’s Imminent Death Have Been Greatly Exaggerated
by Josh Landau •
Last week, the first patent jury trial between Qualcomm and Apple concluded, with the jury deciding that Apple had infringed three Qualcomm patents and awarding Qualcomm damages. Outside of Qualcomm’s hometown jury in San Diego, though, things aren’t going so well for Qualcomm.
Losing by Winning: BTG v. Amneal
by Josh Landau •
Today, the Federal Circuit will hear oral argument in the BTG v. Amneal Pharmaceuticals case. In addition to standard disputes over whether the patent-in-suit was obvious and whether it was infringed, this case presents a novel issue regarding estoppel for IPR petitioners.
As USPTO Oversight Hearing Approaches, Some Questions On Eligibility
by Josh Landau •
United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness in a USPTO oversight hearing. The chair of the Subcommittee, Sen. Tillis (R-NC), and the ranking member, Sen. Coons (D-DE), have both expressed an active interest…
No More Bites At The Apple In The Eastern District
by Josh Landau •
Last week, it was widely reported that Apple plans to close its retail stores in the Eastern District of Texas in order to avoid facing patent lawsuits in the district. Given that a single patent lawsuit can easily cost just as much as opening an Apple store (estimated at $8-10 million per store), even if…