Blog Posts

Delrahim Pulls DoJ Out Of FRAND-SEP Policy Guidance

In a speech today at the Berkeley Advanced Patent Law Institute, United States Assistant Attorney General for the Antitrust Division Makan Delrahim announced that the Department of Justice was withdrawing from its 2013 guidance on remedies for standard-essential patents subject to FRAND commitments. Stating that “[t]here is no special set of rules for exclusion when…

USPTO Releases 2018-2022 Strategic Plan

The USPTO released the final version of its 2018-2022 Strategic Plan today.  I previously wrote about the flaws in the draft strategic plan.  The draft plan did, however, at least note the importance of stakeholder engagement.  To assist in this goal, the Office asked for comments on the draft. In fact, the released strategic plan…

Founders On Patents: Madison On The Dangers Of Patents

James Madison is credited with introducing the Patent and Copyright Clause to the Constitution, and defended that clause in Federalist 43, stating “[t]he utility of this power will scarcely be questioned.”  But he was well aware that there were dangers to the power, writing in his own papers that the patent monopoly could produce more…

CCIA Files Additional Comments In Qualcomm ITC Case

Last June, CCIA filed comments on the public interest issues implicated by Qualcomm’s ITC complaint against Apple.  (The ITC is required to take into account whether the public interest would be harmed by exclusion.)   Last month, the ITC Administrative Law Judge (ALJ) agreed with our comments, determining that an exclusion order was not in…

FTC Hearings #4: Patents, Intellectual Property, and Innovation

This post has been cross-posted to DisCo. Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.”  The first day focused on a review of the current landscape of intellectual property and competition.  The second day featured a variety of panels focusing on…

Founders On Patents: Jefferson On A Farm Patent

Last week, I covered a newly digitized letter from John Q. Adams, describing the concern the PTO’s first Commissioner had regarding whether the patents he was issuing were really valid and the harms that those invalid patents were causing. Along those lines, let’s see what another Founding Father—Thomas Jefferson—had to say about a patent on…