Guest Post
Congress Wants to Revive Patents but May Strangle Innovation and Damage Health Care Access Instead
This post, written by Wayne Brough, initially appeared in the R Street’s Real Solutions Blog.
Patent eligibility, or the fundamental question of what is patentable, is currently under congression...
Guest Post: Time to Shine Light on Dark Third-Party Litigation Funding
This post, written by Jerry Theodorou, initially appeared in the R Street’s Real Solutions Blog
A pitched battle between proponents and opponents of third-party litigation financing (TPLF) has en...
A Solution to the OpenSky Problem
I have written several times about the $2.2 billion verdict in the VLSI v. Intel case. The case is extraordinary not just because of the size of the verdict, but because Intel was blocked from c...
The Quality and Attributes of Patents as Property
Over the past decade, Congress and the courts have made changes that have improved the patent system and encouraged American leadership in innovation. With our nation in a period of economic recovery,...
FRAND, RAND, & the Problem at Hand: Increasing Certainty in Infringement Damages for Standard-Essential Patents
When Standard-Setting Organizations (“SSOs”) set various industry standards, they often require the incorporation of certain technologies (and, therefore, their underlying patents) into the standa...
We Must Protect Access to Vital Telemedicine Services
Seniors have been taking advantage of telemedicine services, often accessed via their smartphones, tablets or laptops, for some time now. But the coronavirus has put that trend into overdrive, as more...
Is Big Tech FRANDly to Competition?
On Tuesday, Apple released a new policy on its website relating to the obscure topic of “FRAND” licensing of patents. That’s an especially obscure corner of the already-obscure area of patent la...
Supreme Court Hears Oral Argument in Copyright Sovereign Immunity Case
This post, from guest author Jonathan Band, first appeared on the Disruptive Competition Project. While the case addresses sovereign immunity with respect to copyright claims, it directly implic...
Should the Federal Circuit Care about Limits to the ITC’s Agency Authority? A Recap of the Comcast v. ITC Oral Argument
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 la...