Blog Posts

The “Alice Storm” Is More Of A Drizzle

You might be familiar with Bob Sachs’ term “Alice Storm.” Sachs and his co-authors over at Bilski Blog argue that “Alice Corp. v. CLS Bank has had a dramatic impact on the allowability of computer implemented inventions.” I disagree, and some newly released data from the Patent Office seems to back me up.  Alice has…

Qualcomm’s Anti-Competitive Conduct Could Be Exacerbated By Mergers

(Cross post on DisCo.)  Qualcomm’s been busy over the past few months.  Defending against accusations of anti-competitive conduct from competition authorities in the US and elsewhere around the world, trying to acquire NXP Semiconductors, fending off an acquisition attempt from Broadcom, and—most recently—filing yet another round of new lawsuits to try to force Apple to…

A Big Day For The PTO—And A Good Day

On Monday, the Supreme Court heard arguments in two separate cases regarding inter partes review (IPR)—Oil States v. Greene’s Energy and SAS Institute v. Matal.  In both Oil States and SAS, the Court appears to be sympathetic to the Patent Office’s arguments—and that’s good for everyone. Oil States The Oil States case focuses on whether…

CCIA Submits Letter For The Record To House Judiciary Subcommittee On IP

Yesterday, we submitted a letter for the record to the House Judiciary Committee Subcommittee On Courts, Intellectual Property and the Internet.  This letter, written in response to testimony submitted for the Subcommittee’s hearing on Sovereign Immunity and IP, provides the details of our analysis of the patents which Josh Malone and Phil Johnson identified as…

Misleading Stats Lead To Misleading Testimony In Front Of Congress

Yesterday afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on “Sovereign Immunity and the Intellectual Property System.”  A fascinating topic, and one I’ve written on right here in the past.  [1] [2] But I was struck by some testimony given by Philip Johnson, testimony he stood by…

CCIA Files Amicus In IPR Constitutionality Case At Supreme Court

CCIA Files Amicus In IPR Constitutionality Case At Supreme Court Yesterday, we filed an amicus brief (along with the Internet Association, the National Association of Realtors, the Software and Information Industry Association, the Association of Global Automakers, and SAS Institute) in the Oil States v. Greene’s Energy case in the Supreme Court.  This case is…

New Trial On Design Patent Damages, But A Flawed Test

In the long-running Apple v. Samsung dispute, which has now gone from the trial court to the Federal Circuit to an en banc opinion to the Supreme Court and then back to the Federal Circuit and finally back to the trial court, Judge Koh has granted a new trial on the issue of damages for…

Tribal Immunity May Not Be Wonder Drug For Allergan

This article was originally published on Law360 and is reprinted here. You’ve probably already heard the story. Allergan PLC owns patents related to relieving dry eyes. These patents allegedly read on their drug Restasis. They expired in 2014, leading to a group of generic manufacturers getting ready to enter the market with generic versions of the drug. In…

Big Tech vs. Big Pharma: An Article Filled With Big Errors

On Monday, the Financial Times published an article by Rana Foroohar.  While there are a lot of flaws in the article, one particularly pernicious myth shows up—the myth that patent trolls aren’t really a problem.  Purporting to look at patent reform as a battle between the tech industry and pharmaceutical manufacturers, the FT article gives…