Blog Posts

Summarizing the Amici Briefs in Apple-Motorola before the Court of Appeals for the Federal Circuit

On June 22 Judge Richard Posner, sitting in designation, dismissed a patent infringement case between Motorola and Apple which included 15 Apple patents and 6 Motorola patents.  Judge Posner explained that even if infringement could be proven, neither party offered sufficient evidence to prove and entitlement to injunctive relief, and neither party had offered credible…

Helping Startups Help Themselves: Why the SHIELD Act is TRIPS Compliant

(Cross-posted on Disruptive Competition Project (DisCo)) As I have discussed before, patent trolls pose a unique threat to technology startup companies.  The limited resources and small launch windows that constrain life as a startup company make them vulnerable to patent trolls.  Trolls leverage the sheer cost of fighting a patent challenge — even if the odds of…

USPTO Should Be Applauded for Notice on Patent Transparency

In a round of good news, the USPTO has published a notice that it will be holding a roundtable on January 11, 2013 to look into regulations to “require greater public transparency concerning the ownership of patent applications and patents.”  The deadline for requesting to participate in the roundtable is December 21, 2012, and the deadline…

Samsung v. Apple at the ITC – Summarizing the Public Interest Briefs

On November 19 the ITC announced that the full Commission would review the Final Initial Determination in Investigation 337-TA-794, Samsung v. Apple.  The ALJ had determined that there was no infringement by Apple of Samsung’s asserted patents, which Samsung has declared as standard essential patents covering technology implemented by the European Telecommunications Standards Institute (ETSI). …

Supreme Court Grants Cert in Myriad

Moments ago the United States Supreme Court granted certiorari in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., et al.  (Supreme Court docket  12-398) The Court limited its grant to Question 1 presented in the petition: “are human genes patentable?” The Court did not grant certiorari as to Question 2 presented in the petition: “Did the court of appeals err in…

Lessons from Apple v. Motorola in Wisconsin

The FTC’s recent consent order in its merger review in In the Matter of Robert Bosch GmbH – a combination of manufacturing companies that make air conditioning recycling, recovery, and recharge products that are essential for repairing and servicing the coolant systems on motor vehicles – contained an interesting twist.  While reviewing the merger, the FTC…

The SHIELD Act Is a Step in the Right Direction

The SHIELD Act is an important step in the process of common sense patent reform where it is most needed: computer hardware and software patents.  The Act introduces a “loser pays” rule in computer hardware and software patent litigation when a court determines that a plaintiff did not have a reasonable likelihood of success.  The SHIELD…

Life after David Kappos: What should President Obama look for in the next head of the US Patent and Trademark Office?

Numerous outlets reported Monday that the current head of the Patent and Trademark Office (USPTO), David Kappos, would be stepping down.  While we have disagreed with Kappos at Patent Progress, especially over his positions on software patents in his recent speech at the Center for American Progress, Kappos has moved the USPTO in the right…

Vanishing Licenses – How International Bankruptcy Rules Could Threaten the Networked Patent Economy

Why should the patent community care about developments in cross-border insolvency law?  Though the topic seems esoteric, there are some important practical reasons to pay attention to what’s happening in the bankruptcy courts.  Recall bankrupt Nortel Networks’ sale last year of 6,000 patents to an Apple/RIM/Microsoft-led consortium for $4.5 billion.  The Nortel patent sale gave…