Blog Posts

PAEs Ringing in New Year without Resolutions

Several outlets have reported on a bevy of lawsuits filed in Delaware by Steelhead Licensing LLC against operating entities concerning infringement of patent 5,491,834 entitled “Mobile Radio Handover Initiation Determination.”  Unfortunately for innovators, legitimate operating entities, and consumers this is yet another example in a seemingly endless litany of companies springing forward to extract consumer welfare from the high-tech…

USPTO Accepting Comments on Software Patents

Yesterday, the United States Patent and Trademark Office (USPTO) issued a Federal Register notice on software patent issues, announcing several roundtables and a written comment period.  The roundtables will be held February 12, 2013 in Silicon Valley, and February 27, 2013 in New York City, and they will be webcast.  To speak at the roundtables,…

What Judge Koh’s order in Apple v. Samsung means for the future of injunctions in the smartphone patent wars

In December, Judge Koh denied Apple’s permanent injunction demands. The ruling sent Florian Mueller into fits over the state of injunction law in the United States.  However, as Dennis Crouch at Patently-O opined, in a post-eBay world Judge Koh’s decision was perfectly sensible: a patentee should not obtain a permanent injunction without a clear showing of both…

FTC Subpoena of Data Brokers May Be Good Model for FTC Study of PAEs

On December 18, the Federal Trade Commission announced that it has issued subpoenas to nine “Data Brokers” to provide the agency with information about how they collect and use data about consumers.  Generally speaking, Data Brokers collect personally sensitive information about consumers from both public and non-public resources, and then sell this data to companies.  The…

Patent-less Smartphone Innovation and Global Technology Markets

(Cross-posted on Disruptive Competition Project (DisCo)) This weekend I attended the Second Global Congress on IP and the Public Interest held in Rio de Janeiro.  The Congress is intended to draw attention to the often-overlooked public interest aspects of global intellectual property policy and to offer an organized counterpoint to the so-called “maximalist” IP agenda.  Last…

Some Quick Reactions to the PAE Workshop

Market participants, regulators, lawyers, and patent professionals gathered at the FTC yesterday for a very informative Workshop on Patent Assertion Entities (PAEs).  We will be posting more this week about specific takeaways and action items for enacting true reform in this space, but I wanted to share some themes and reactions from the event: More…

Yesterday’s FTC-DOJ Workshop on Patent Assertion Entities (PAEs)

Yesterday, the FTC and DOJ held a workshop on the anticompetitive effects of Patent Assertion Entities (PAEs), as Josh had posted about last week.  They put together a great collection of participants, and we commend them for this effort.  Jorge Torres compiled a Storify of Tweets from the event, featuring many from @PatentProgress.  David Balto…

CCIA Filed an Amicus Brief Friday in CLS Bank v. Alice Corp

On Friday, CCIA, which operates Patent Progress, filed an amicus brief in the en banc rehearing of CLS Bank v. Alice Corporation in the Court of Appeals for the Federal Circuit.  CCIA’s brief focused mostly on the first question presented: What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible…