Tag Archive for patent reform

Comments to the USPTO on AIA Trial Procedures

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

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…

STRONGER Patents, WEAKER Innovation

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

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…

One Week of TC Heartland

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?

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

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…

AIPLA Signs on to IPO’s Misguided Proposal on § 101

AIPLA, the bar association for intellectual property lawyers, just released their recommendation and report on reforming § 101.  § 101 is the portion of the Patent Act that sets out what’s eligible to be patented, and what isn’t.  AIPLA’s basic complaint is that the Supreme Court has created uncertainty about what is eligible for patenting…