Blog Posts

Fintiv: More Work, Less Quality

When the Patent Trial and Appeal Board (PTAB or “Board”) first decided the IPR that led to the Fintiv rule, it justified its decision on the basis of “balanc[ing] considerations such as system efficiency, fairness, and patent quality.” But that rationale doesn’t hold up to the facts.

Guest Post: A Solution to the OpenSky Problem

Joe Matal is a former Acting Director and Acting Solicitor of the USPTO and a current partner at Haynes and Boone, where he specializes in PTAB trials and Federal Circuit appeals. I have written several times about the $2.2 billion verdict in the VLSI v. Intel case.  The case is extraordinary not just because of…

Why SMART Isn’t Smart – Importing FRAND’s Flaws Into Copyright

This piece was originally posted at the Disruptive Competition Project. “Intellectual property,” as a term, is a problem.  It groups together areas of law that, while they may share some things, are fundamentally disalike.  Copyright law has compulsory licenses and an independent creation defense; patent law has neither.  Trademarks aren’t duration limited; copyrights and patents…

Yet Another Private Equity NPE at the ITC

Stephen Breyer is retiring, Jeopardy has new hosts, and the Cincinnati Bengals have made the Super Bowl—the world changes constantly. Some things don’t change, though—patent trolls are still going to the ITC to try to extract huge payments from innovators under the threat of having their products barred from the U.S. market.  This week’s contestant? …

Albright Names NPE Lawyer As New Magistrate Judge For Waco

With the transformation of his Waco courtroom into the venue for more than 25% of all patent cases in the United States, Judge Albright can’t keep up with all the business he’s “drummed up” for his courtroom.  He’s made heavy use of technical advisors—one of whom made more than $700,000 in the first half of…

Widespread Support for IEEE 2015 Patent Policy

In 2015, the IEEE made changes to its Patent Policy for standard-essential patents (SEPs).  Among other things, that policy strongly disfavored seeking injunctive relief for SEPs because injunctive relief permits using the threat of enjoining an entire product to extract a royalty that covers more than the value contributed by the patent.  The policy also…