Tag Archive for patent reform

Dear Director Iancu

So, you’re Andrei Iancu, about to be the newly confirmed Director of the United States Patent and Trademark Office.  What are the first things you put on your agenda? I have some suggestions. Eliminate Contingent Amendments As an initial matter, the PTAB’s practice of allowing contingent amendments needs to end.  Essentially, this allows patent owners…

Patent Links and Articles To Read By The Fire

With the weather as cold as it’s been in DC lately, I’ve been spending a lot of time reading by the fire.  And what better way to use that time than to read about patents!  For those of you, like me, for whom that sounds like fun—here’s a few things I’ve run across lately that…

Misleading Stats Lead To Misleading Testimony In Front Of Congress

Yesterday afternoon, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on “Sovereign Immunity and the Intellectual Property System.”  A fascinating topic, and one I’ve written on right here in the past.  [1] [2] But I was struck by some testimony given by Philip Johnson, testimony he stood by…

Tribal Immunity May Not Be Wonder Drug For Allergan

This article was originally published on Law360 and is reprinted here. You’ve probably already heard the story. Allergan PLC owns patents related to relieving dry eyes. These patents allegedly read on their drug Restasis. They expired in 2014, leading to a group of generic manufacturers getting ready to enter the market with generic versions of the drug. In…

Big Tech vs. Big Pharma: An Article Filled With Big Errors

On Monday, the Financial Times published an article by Rana Foroohar.  While there are a lot of flaws in the article, one particularly pernicious myth shows up—the myth that patent trolls aren’t really a problem.  Purporting to look at patent reform as a battle between the tech industry and pharmaceutical manufacturers, the FT article gives…

IPR Successes: The Next Five Years

Over the past month, I’ve shown just how successful the inter partes review (IPR) program has been in its first five years.  IPR has saved billions of dollars and helped everyone from city governments to realtors to the targets of patent trolls funded by foreign countries.  Those stories are listed below: IPR Successes: Trolls and…

IPR Successes: A Bridge To Sovereign Patent Funds

Patent trolls are a familiar concept at this point, but a “sovereign patent fund” (SPF) might not be.  This isn’t the kind of sovereign I wrote about recently in regard to sovereign immunity.  In essence, an SPF is simply a patent assertion entity (PAE) with backing from a national government.   While government-funded companies that…

IPR Successes: Scan-To-Email Defeated By Scanner Makers

In the pantheon of infamous patent trolls, MPHJ is near the top.  MPHJ drew attention for their habit of mailing demand letters to anyone they thought might possibly have infringed their scan-to-email patent.  This drew so much attention that, ultimately, they were sued by Vermont’s State Attorney General.  MPHJ’s tactics were also one of the…

Guest Post: A Balanced Patent System to Protect Innovation

Today I’m pleased to present a guest post from Dan Lang, VP Intellectual Property at Cisco. Now more than ever we need a strong patent system which strikes the right balance so that intellectual property rights encourage innovation rather than financial gamesmanship.   The need to prevent a copyist competitor from reaping all the rewards of…