The recent House Judiciary Subcommittee hearing on the Impact of Bad Patents on American Businesses addressed many of the points I made last week. But it also highlighted a few issues where there’s some dispute or simply a lack of understanding. In particular, I think that the hearing’s focus on the (1) “broadest reasonable interpretation”…
Tag Archive for patent reform
Comments to the USPTO on AIA Trial Procedures
by Josh Landau • • 1 Comment
On July 6, the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June. Our comments, briefly summarized, are that: The inter partes review (IPR) procedure has been successful in providing an…
Bad Patents, Bad Results
by Josh Landau • • 4 Comments
Tomorrow morning, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet is holding a hearing on “The Impact of Bad Patents on American Businesses.” The impact of bad patents is a topic worth taking some time to examine, because it isn’t just about the direct impact from abusive troll litigation—bad patents…
International Trade, Not Interrupted Trade—Trolls and the ITC
by Josh Landau • • 1 Comment
You hear a lot about patent litigation in district courts. And, over the past several years, the new inter partes review procedure has seen a lot of attention (including last week’s renewed effort to try to kill off the single most effective tool we have for invalidating bad patents.) You don’t hear that much about…
STRONGER Patents, WEAKER Innovation
by Josh Landau • • 7 Comments
Yesterday, Senator Coons introduced his STRONGER Patents Act. Senator Coons provided a section-by-section description of the bill, as well as the text of the bill. And after reading it, I have some concerns. Patent Progress previously covered Senator Coons’ STRONG Patents Act. Much of STRONG Patents wound up in STRONGER Patents, and our analysis back…
The Special Nature Of Venue In Patent Law
by Josh Landau • • 1 Comment
TC Heartland continues to impact the world of patent litigation. I haven’t run the numbers yet on what’s happened since the decision came down, but just having read through the list of cases filed, the Eastern District of Texas certainly has seen a reduction in cases filed. Tomorrow morning, the House Judiciary Committee’s Subcommittee on…
Guest Post: How TC Heartland May Affect District Court Filings: A Quantitative Assessment
by Unified Patents • • 0 Comments
This guest post was authored by Shawn Ambwani and Robert Jain. Shawn Ambwani is the COO and co-founder of Unified Patents. Robert Jain is an attorney at Unified Patents. This post provides a quantitative prediction of how TC Heartland may impact where patent litigation is filed, a topic I recently wrote about. Summary TC Heartland…
One Week of TC Heartland
by Josh Landau • • 2 Comments
It’s been one week since TC Heartland was decided. I thought I’d take a preliminary look at how the decision has changed case filing strategies. In order to do so, I looked at at how many new patent cases had been filed in which jurisdictions from Tuesday-Friday of last week (5/23-5/26), in comparison to the…
Guest Post: Are Copyright and Patent Overlapping or Mutually Exclusive in Protecting Software Innovations?
by Pamela Samuelson • • 0 Comments
Prof. Pamela Samuelson is the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley. She is recognized as a pioneer in digital copyright law, intellectual property, cyberlaw and information policy. We’re pleased to be able to republish this post, which first appeared on Patently-O. “Neither the Copyright Statute nor…
TC Heartland Attacks The Heart Of Patent Forum Shopping
by Josh Landau • • 6 Comments
The Supreme Court decided TC Heartland v. Kraft on Monday. The decision addresses a procedural point with huge effects on patent litigation. The Problem The basic problem before this case was that it was very easy to pick the court you wanted to sue someone in; it’s called “forum shopping.” And (if you’re a…