Blog Posts

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…

Arthrex, Mobility Workx, and Director Review at Institution

There’s been a fair amount of discussion regarding Judge Newman’s dissent in last week’s Mobility Workx case.  In Mobility Workx, a divided panel of the Federal Circuit rejected a variety of constitutional challenges to the Patent Trial and Appeal Board (PTAB).  Judges Dyk and Schall, in the majority, found no merit in the due process…

Leahy and Cornyn Introduce Bill To Restore The America Invents Act

Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA).  RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative…

Federal Circuit to Judge Albright: You Get An F

In yet another mandamus order directed to the Western District of Texas, the Federal Circuit has once again explained to Judge Albright that his analysis of transfer motions is incorrect and ordered him to send a case elsewhere.  It’s worth reading the entire order in In re Hulu, but if you don’t have time, I…

Guest Post: The Quality and Attributes of Patents as Property

David Jones is the Executive Director of the High Tech Inventors Alliance, an association that advocates for balanced reforms in the Patent and Trademark Office, the courts, and Congress that address the root causes of these problems while advancing a patent system that promotes investment in new technologies and American jobs. Over the past decade,…

The ITC In 2020: Anything But Typical

With the American republic having just had its 245th birthday, let’s take a look at an agency that’s charged with regulating trade with foreign countries, encouraging American industries, and protecting American labor. I’ve previously criticized the International Trade Commission (ITC) for having gone from being a trade court protecting U.S. domestic industry to being a…