Blog Posts

CCIA Releases White Paper On Standard Essential Patents

Yesterday, the Computer & Communications Industry Association, joined by five other trade associations representing industries ranging from retail to automotive to smartphone apps, released a white paper describing how certain views on antitrust policy as it relates to standard essential patents (SEPs) are contrary to both established legal precedent and to economic policy.  The white…

Sovereign Immunity, Upper Skagit, and Patents

Earlier this week, the Supreme Court released their decision in Upper Skagit Indian Tribe v. Lundgren.  The opinion effectively held that the simple fact of in rem jurisdiction does not always bar claims of tribal sovereign immunity. In rem jurisdiction is one argument that might bar the new practice of renting tribal sovereign immunity to…

Smartphones, Diapers, and Design Patents

Apple v. Samsung is obviously about high tech smartphones.  Other recent design patent cases have focused on high tech products as well—both the Nikola v. Tesla case Patent Progress covered recently and the Microsoft v. Corel case that Prof. Sarah Burstein described over on Patently-O deal with high tech products. But the basic issue with…