Blog Posts

CCIA Submits Letter To House Small Business Committee Correcting USIJ Testimony

Yesterday, we submitted a letter for the record to the House Small Business Committee.  This letter, written in response to testimony submitted for the Committee’s hearing entitled “Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property,” corrects significant errors and omissions in the testimony of the USIJ witness.  Our letter to…

IP Witness Gives Incorrect Testimony To House Small Business Committee

Yesterday, the House Small Business Committee held a hearing on how small businesses use intellectual property.  And, as has happened before, promoting patents—but not necessarily promoting progress—offers data that doesn’t hold up to scrutiny. Chris Israel is an IP lobbyist for American Continental Group, with clients including Comcast, the Copyright Alliance, and Time Warner.  He’s…

CCIA Submits Comments On Proposed Change To IPR Claim Construction Standard

Today, the Computer & Communications Industry Association submitted its comments opposing the Patent Office’s proposal to change the claim construction standard applied in AIA trials from the current broadest reasonable interpretation (BRI) to the Phillips standard district courts apply. In brief, there are three main concerns: A change from BRI to Phillips is unjustified by…

More Evidence Is In—Alice Has Been Good For R&D

Tuesday marked one milestone—utility patent number 10,000,000.  But it also marked a far more important milestone—the 4-year anniversary of the Alice decision.  Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued.  It’s had a very limited impact on patent prosecution, with most applications entirely…

To Promote The Progress

Today, the ten millionth utility patent issued.1  The patent relates to one way of providing coherent LADAR detection. As we look back at 180 years of Patent Office history and look forward to the next ten million patents, it’s worth remembering that what makes the U.S. patent system unique is the explicit dedication of the…

Using A Trade Court To Avoid Antitrust And FRAND: Qualcomm At The ITC

The first Apple/Qualcomm International Trade Commission (ITC) case is about to kick into high gear, with the prehearing conference scheduled for Friday and the hearing (essentially the equivalent of a trial in the ITC) opening next week.  Qualcomm has already dropped several patents from this case and in a companion European case admitted that some…

‘Gold Into Lead’ Article Focuses On Pyrite Patents

I’m out at IPBC Global this week, and one of the hot topics of conversation here is patent eligibility under § 101.  In fact, Director Iancu’s remarks focused heavily on § 101, and the panel I spoke on debated the relative importance of patent quality and patent eligibility.  (I argued that patent quality is more…