Blog Posts

Beauchamp on Founding-Era Patent Revocation

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

Qualcomm v. Apple Jury Verdict Form

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.…

Losing by Winning: BTG v. Amneal

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

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…

Guest Post: Should the Federal Circuit Care about Limits to the ITC’s Agency Authority? A Recap of the Comcast v. ITC Oral Argument

Charles Duan is Director of Technology & Innovation Policy for the R Street Institute.  We are pleased to republish this post, first published on the ITC Policy Blog. This morning, the U.S. Court of Appeals for the Federal Circuit heard an oral argument in the case Comcast v. International Trade Commission. Though the case itself involves niche matters of patent law, the argument revealed to me a concerning lack…