Tag Archive for patent reform

The PTO’s § 101 Summary Report

One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank – a decision that articulated a distinction between patent-eligible inventions, and patent-ineligible abstract ideas.  The Alice decision has enabled many companies, including small businesses, to defend themselves from baseless patent infringement lawsuits based on…

Understanding The Questions Asked At The “Bad Patents” Hearing

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”…

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…