Posts
New Patent Office Proposals Will Backfire on Small Businesses
When my business was sued for patent infringement, I was caught off guard. In my case, we happened to be the target of a baseless lawsuit from a larger competitor, but for many businesses in a similar...
ANPRM’s Ex Parte Reexamination Proposals are Deeply Flawed
The U.S Patent and Trademark Office’s (USPTO) Advance Notice of Proposed Rulemaking (ANPRM) has spurred a range of commentary and criticism—mostly the latter—from current and former members of C...
USPTO’s ANPRM Has Major Problems
Throughout my 26 years in Congress, including three terms as Chairman of the House Judiciary Committee, there was a clear need to strengthen our patent system in order to protect the rights of innovat...
Reintroduction of Advancing America’s Interests Act is a Welcome Development for Innovators
Last week, Representative David Schweikert (AZ-01) and Don Beyer (VA-08) introduced the Advancing America’s Interests Act (AAIA). If passed, this legislation would help prevent the U.S. Internationa...
USPTO Invalidates VLSI Patent—So Why Didn’t They Review It The First Time?
Earlier today, the USPTO issued its final written decision in IPR2021-01064. The final written decision found that all challenged claims in VLSI's patent were in fact invalid.
So what makes t...
New Report Reaffirms Danger Patent Trolls Pose to Manufacturers, Small Businesses
People whose business models are threatened by strong post-grant review and improved patent quality continue to assert that non-practicing entities (NPEs) and the patent troll narrative is a myth or a...
Judge Connolly Continues to Push on Funding Transparency
Following an April 2022 standing order that mandated parties appearing in his court adhere to third-party funding disclosure requirements and an eye-popping November 2022 memorandum detailing “poten...
ITC Reforms Deserve a Higher Priority
Global competition is a key political issue, particularly the rivalry between the United States and China. These superpowers are locked in a struggle for leadership of the global economy. Last year, t...
Litigation Financing Transparency Must be a Global Effort
Despite varying widely, the structure of legal systems among democratic, free countries are built on consistent underlying principles. Promoting equality, freedom, and justice is a common theme among ...