Blog Posts

Cross-Licenses, Royalty Stacking, and Patent Disputes

While the majority of U.S. patent litigation is now NPE litigation (and has been since at least 2009), litigation between operating companies continues to occur at roughly the same rate as it has for the past 20 years.  (So much for the idea that IPR or eBay destroyed the ability for patent owners to enforce…

Announcing the 2020 Patent Progress Writing Competition

We are pleased to announce the 2020 Patent Progress writing competition.   This competition, open to current law students, solicits scholarship regarding patent law.  This year’s general topic is new issues in patent law and policy related to the trend towards complex multi-component products.  Examples of such issues include apportionment of damages, the smallest saleable patent…

USPTO, DoJ, and NIST Issue FRAND/SEP Policy Statement

Last week, the U.S. Patent and Trademark Office, U.S. Department of Justice, and National Institute of Standards and Technology issued a joint statement on standard-essential patents (SEPs).  The statement clarifies the agencies’ position on an earlier 2013 statement made by USPTO and DoJ while completing the process of formally withdrawing from that statement. In essence,…

New Bill May Lead To Overly Aggressive Blocking Of Goods At Border

A new bill, introduced by Sens. Coons, Tillis, Hirono, and Cassidy, would give Customs and Border Protection (CBP) officers the authority to seize goods at the border if they involve design patent violations.  Customs already has this authority for goods that violate copyrights or trademarks. But design patents work differently.  Trying to use the same…

Why Was Oracle v. Google in the Federal Circuit?

Last week, the Supreme Court granted certiorari in Google v. Oracle, preparing to review the Federal Circuit’s decision that application programming interfaces (APIs) are copyrightable and that the replication of an API to implement compatibility is not a fair use.  There are numerous legal flaws with the Federal Circuit’s decisions, flaws addressed at length in…

Guest Post: Is Big Tech FRANDly to Competition?

Charles Duan is the Director of Technology and Innovation Policy at the R Street Institute, a nonprofit, nonpartisan think tank based in Washington, D.C. This post is cross-posted at the Disruptive Competition Project. On Tuesday, Apple released a new policy on its website relating to the obscure topic of “FRAND” licensing of patents. That’s an…

Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case

This post, from guest author Jonathan Band, first appeared on the Disruptive Competition Project.  While the case addresses sovereign immunity with respect to copyright claims, it directly implicates the Florida Prepaid decision which applied sovereign immunity to states who infringe patents.  Later cases interpreted Florida Prepaid to bar actions by defendants seeking to invalidate state…

Senate Hearing on Patent Quality Today

Later today, the Senate will hold a hearing on how Congress can help prevent the issuance of poor quality patents.  I recently testified at a hearing on the STRONGER Patents Act and patent quality was one of the topics discussed.  In fact, in my responses to questions for the record from Sen. Tillis, I addressed…