Tag Archive for patent reform

Guest Post: A Solution to the OpenSky Problem

Joe Matal is a former Acting Director and Acting Solicitor of the USPTO and a current partner at Haynes and Boone, where he specializes in PTAB trials and Federal Circuit appeals. 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…

Yet Another Private Equity NPE at the ITC

Stephen Breyer is retiring, Jeopardy has new hosts, and the Cincinnati Bengals have made the Super Bowl—the world changes constantly. Some things don’t change, though—patent trolls are still going to the ITC to try to extract huge payments from innovators under the threat of having their products barred from the U.S. market.  This week’s contestant? …

Leahy and Cornyn Introduce Bill To Restore The America Invents Act

Yesterday, Senate Judiciary IP Subcommittee Chair Sen. Leahy (D-VT) and committee member Sen. Cornyn (R-TX) introduced the Restoring the America Invents Act (RAIA).  RAIA would roll back changes introduced by former USPTO Director Andrei Iancu and by the courts, restoring the America Invents Act (AIA) to what it was always intended to be—a cost-effective alternative…

Counterproductive Patent Incentives

Earlier this year, a pair of economists, Jay Bhattacharya and Mikko Packalen, published a research paper proposing an explanation for why scientific progress appears to have slowed.  Their theory?  An overemphasis on citation count, h-index, and similar metrics for scientists incentivizes them to pursue safe, late-stage research, not the scientific exploration needed to create the…

Huawei Moves Ahead With Aggressive Licensing Posture

Reports emerged today that Huawei has demanded over $1 billion in patent license payments from Verizon for its cellular network patents. As I wrote in April, Huawei has the potential to abuse its strong position in cellular network patents.  As required by international agreements, the U.S. patent system doesn’t discriminate between domestic and foreign patent…

Founders On Patents: Madison On The Dangers Of Patents

James Madison is credited with introducing the Patent and Copyright Clause to the Constitution, and defended that clause in Federalist 43, stating “[t]he utility of this power will scarcely be questioned.”  But he was well aware that there were dangers to the power, writing in his own papers that the patent monopoly could produce more…

FTC Hearings #4: Patents, Intellectual Property, and Innovation

This post has been cross-posted to DisCo. Last week, the FTC held the fourth in its set of hearings focusing on “Competition and Consumer Protection in the 21st Century.”  The first day focused on a review of the current landscape of intellectual property and competition.  The second day featured a variety of panels focusing on…

USPTO Strategic Plan Focuses On Patent Owners, Ignores Public

Last week, the U.S. Patent and Trademark Office (USPTO) posted a draft of its 2018-2022 Strategic Plan.  While many of the goals set out in the plan are important—for example, improving the ability of examiners to obtain the best prior art during examination and enhancing the information technology the USPTO makes available both internally and…