On Monday, the Supreme Court denied certiorari in the Saint Regis Mohawk v. Mylan case, bringing to a close a nearly 18-month-long attempt to sell tribal sovereign immunity as a shield against the inter partes review (IPR) process.
Blog Posts
Delrahim Out Of Step With FTC, Industry, Academics On FRAND/SEP
by Jacqueline Yin •
Jacqueline Yin is a Legal Fellow at the Computer & Communications Industry Association. This post is also online at Project DisCo. In the U.S., antitrust laws are typically enforced by both the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ). For example, the DOJ and FTC share the authority to enforce the…
Jefferson on Abstract Ideas
by Josh Landau •
Thomas Jefferson neatly summarized the core of the debate on at least one aspect of patentable subject matter, over 200 years ago.
Beauchamp on Founding-Era Patent Revocation
by Josh Landau •
An article from Prof. Chris Beauchamp, newly published in the Vanderbilt Law Review and titled “Repealing Patents”, examines the history of Founding-era patent revocation. It’s a complex story, influenced by the changing character of the pre-1836 patent system, and reveals that there did seem to be a belief in a public interest in the invalidation…
Qualcomm: Inconsistent With Respect To Facts, Its Own Actions
by Josh Landau •
In the wake of Qualcomm’s loss in front of the full International Trade Commission (ITC) yesterday, Qualcomm released a statement that doesn’t match up with the facts. Here’s what Qualcomm had to say: The implication is that the jury found the patent valid, which would be inconsistent with the ITC’s finding—but that’s not what happened.…
ITC Again Recommends Exclusion Based on a Patent Likely to be Found Invalid
by Josh Landau •
International Trade Commission (ITC) Administrative Law Judge McNamara issued a Notice of Issuance of Initial Determination today, explaining that, based on a complaint from Qualcomm, she had found that Apple infringed claim 1 (but not claim 8) of U.S. Pat. No. 8,063,674, and that the claim was valid. Based on that, she stated that she…
CCIA Letter to Senate Judiciary IP Subcommittee Members On Questionable Studies
by Josh Landau •
At last week’s Senate Judiciary IP Subcommittee hearing, questioners referenced two studies. The first, on multiple IPR petitions, was conducted by Steve Carlson and Ryan Schultz of Robins Kaplan. The second, on venture capital and § 101, was conducted by Prof. David Taylor of SMU. But, as Twain said in a somewhat more colorful form,…
Reports of Qualcomm’s Imminent Death Have Been Greatly Exaggerated
by Josh Landau •
Last week, the first patent jury trial between Qualcomm and Apple concluded, with the jury deciding that Apple had infringed three Qualcomm patents and awarding Qualcomm damages. Outside of Qualcomm’s hometown jury in San Diego, though, things aren’t going so well for Qualcomm.
Losing by Winning: BTG v. Amneal
by Josh Landau •
Today, the Federal Circuit will hear oral argument in the BTG v. Amneal Pharmaceuticals case. In addition to standard disputes over whether the patent-in-suit was obvious and whether it was infringed, this case presents a novel issue regarding estoppel for IPR petitioners.
As USPTO Oversight Hearing Approaches, Some Questions On Eligibility
by Josh Landau •
United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness in a USPTO oversight hearing. The chair of the Subcommittee, Sen. Tillis (R-NC), and the ranking member, Sen. Coons (D-DE), have both expressed an active interest…