Certain choices the USPTO has made will exacerbate the impacts of COVID-19 on the Patent Office—in particular, its choice to defer the majority of its fee collection to issue and maintenance fees.
Blog Posts
A Follow-up on CyWee and ZTE v. LG and the Public
by Josh Landau •
A few weeks ago, I covered a PTAB case that illustrates why the PTO’s proposed rule on who bears the burden on amended claims in IPRs is fatally flawed. In that case, ZTE challenged a CyWee patent and LG joined the ZTE petition. But CyWee filed an amended claim that ZTE wasn’t concerned by. ZTE…
Patents in the Time of Coronavirus
by Josh Landau •
Most of the time, the patents I cover involve investment in technology and who gets how much money. Innovation is important, but the patent lawsuits I write about usually don’t directly threaten public health and welfare. Usually. Today’s a little different. Earlier this week, Mike Masnick at Techdirt reported on what might be the single…
CyWee, ZTE, and the PTAB v. the Public Interest
by Josh Landau •
In an order issued this week in IPR2019-00143, a panel of PTAB judges decided that the public has no interest in ensuring that only valid patent claims issue from the Patent Office. That’s not an exaggeration—if anything, it understates the case. In fact, the PTAB order states that “the public is generally likely to benefit…
It’s Time For The ITC To Recognize Smartphones Impact Public Welfare
by Josh Landau •
Another day, another patent troll filing an ITC complaint. In this case, Neodron—an Irish NPE—is trying to block the sale of products made by three prominent American tech companies: Amazon, Apple, and Microsoft. This isn’t Neodron’s first ITC case, and it remains a travesty that the ITC continues to allow foreign non-practicing entities to use…
Federal Circuit: Server Is Not A Regular And Established Place Of Business
by Josh Landau •
Today, the Federal Circuit granted a writ of mandamus, ordering the Eastern District of Texas to dismiss or transfer a case for lack of venue. This order is the latest in a series of Federal Circuit decisions, post-TC Heartland, where the Eastern District of Texas has tried to hold on to patent cases even when…
Patents That Just. Keep. Going.
by Josh Landau •
Recently, a set of more than a dozen lawsuits was filed by an NPE. That wouldn’t really be news, most of the time—NPEs filed nearly 2,000 patent lawsuits in 2019. But there’s a few things that are a little different about this case. First and foremost, the patent goes back to a patent application filed…
U.S. Effort to Create 5G Huawei Alternative Potentially Vulnerable to SEP Patent Litigation
by Josh Landau •
Today’s Wall Street Journal reports on a White House plan to coordinate the development of 5G systems by American companies. The effort is intended to provide a domestic alternative to Huawei for 5G infrastructure hardware. But if the FTC loses in an appeal at the 9th Circuit this month, that White House plan might run…
Polaris Concurrence Explains Why Arthrex Was Wrong, But Signals Federal Circuit Won’t Fix It
by Josh Landau •
Today’s Federal Circuit decision in Polaris v. Kingston had an unsurprising outcome—in line with last year’s Arthrex decision, the PTAB’s determination was remanded back to the PTO for review in line with Arthrex. But while the decision was brief, the concurrence—authored by Judge Hughes and joined by Judge Wallach—was not. It explains, in detail, just…
Cross-Licenses, Royalty Stacking, and Patent Disputes
by Josh Landau •
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…