Over a year ago, I filed comments at the International Trade Commission (ITC). Those comments explained why it went against the public interest to exclude Qualcomm’s competitors products from the U.S. market based on Qualcomm’s patent infringement allegations. Last week, the ITC administrative law judge in charge of the case agreed. What’s At Stake? About…
Blog Posts
Yet More Evidence That NPEs Are Harmful To Innovation
by Josh Landau •
Profs. Cohen, Gurun, and Kominers first published a paper collecting evidence of the impacts of NPEs on innovation in 2014. Recently, they updated the paper, incorporating additional evidence and research from the past four years. The key takeaways? “NPE litigation has a real negative impact on innovation at targeted firms: firms substantially reduce their innovative…
Getting The Future Backwards: Iancu’s Comments On § 101 At IPO
by Josh Landau •
This morning, Patent and Trademark Office (PTO) Director Iancu gave remarks at the Intellectual Property Owners Association (IPO) Annual Meeting. Perhaps unsurprisingly, given IPO’s efforts to legislatively overturn the Supreme Court’s recent cases reinforcing the bar on patents on products of nature and abstract ideas, Director Iancu’s remarks focused on patentable subject matter—§ 101. While…
CCIA, ACT File Amicus Brief In FTC v. Qualcomm
by Josh Landau •
Yesterday, CCIA and ACT filed an amicus brief in the FTC’s case against Qualcomm in the Northern District of California. As explained in the brief, the FRAND obligation which patent owners voluntarily agree to when they participate in the development of a standard requires the owners of standard-essential patents to license their patents on “fair,…
Markup Of New SUCCESS Act Should Keep In Mind Recent Problems At PTO
by Josh Landau •
Today, the House Judiciary Committee is scheduled to markup Rep. Chabot’s newly-introduced SUCCESS Act, which is itself a combination of portions of two other bills Patent Progress has covered: Reps. Comstock and Adams’ SUCCESS Act, and the fee-setting authority contained within Rep. Chabot’s BIG DATA for IP bill. Each bill is individually worthwhile. The SUCCESS Act…
ITC Institutes An Investigation… Based On An NPE’s Complaint
by Josh Landau •
Yesterday, the International Trade Commission (ITC) instituted an investigation based on a complaint filed by an apparent non-practicing entity (NPE), SIPCO. The ITC, as Patent Progress has covered in the past [1][2], is intended to protect American manufacturers from unfair foreign competition. So why did the ITC institute an investigation of American companies filed by…
Further Evidence That Examiners Can Be Incentivized To Improve Patent Quality
by Josh Landau •
Patent Progress has previously covered the research of Profs. Wasserman and Frakes regarding structural incentives at the USPTO that affect examiner behavior. A new paper in the AIPLA Quarterly Journal, written by Eric Blatt and Lian Huang (both former examiners), examines another area in which examiner incentives affect behavior—the Signatory Authority Review Program.
USPTO Strategic Plan Focuses On Patent Owners, Ignores Public
by Josh Landau •
Last week, the U.S. Patent and Trademark Office (USPTO) posted a draft of its 2018-2022 Strategic Plan. While many of the goals set out in the plan are important—for example, improving the ability of examiners to obtain the best prior art during examination and enhancing the information technology the USPTO makes available both internally and…
NPE Resurrects Canceled Patent To Go After Restaurants
by Josh Landau •
A few years ago, a company called MacroSolve stopped creating products and started creating patent litigation. Its tool was a patent that claimed to cover mobile questionnaires. But after several of their targets decided to fight back, filing an ex parte reexamination request that wound up cancelling all of the claims of its patent, MacroSolve…
ITC Remedies Don’t Have To Be All-Or-Nothing
by Josh Landau •
The International Trade Commission’s (ITC) basic function is to protect American industry against unfair foreign competition by prohibiting the importation of unfairly produced trade goods. That includes preventing the importation of goods that infringe a valid U.S. patent through what are called “exclusion orders.” But that function is limited by the second part of its…