Yesterday, I went through the serious defects in the findings Rep. Rohrabacher based his Inventor Protection Act on. Today, I’ll discuss the problems with the legal changes the bill seeks to make.
Tag Archive for small business
Finding A Few Problems In New “Inventor Protection Act”
by Josh Landau •
There’s a bit of a glut of anti-innovation bills in Congress right now, ranging from the STRONGER Patents Act to Rep. Massie’s RALIA bill (which I hope to write about at a later date) and now, Rep. Rohrabacher’s H.R. 6557, the “Inventor Protection Act.”1 The bill begins with legislative findings. Unfortunately, the “findings” that…
SUCCESS Act Is A Good Start—But Could Be Improved
by Josh Landau •
Last week, Rep. Comstock (R-VA), along with 7 other cosponsors, introduced H.R. 6390, the “Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018” (SUCCESS) Act. The Act recognizes the gap in innovation activity faced by women and under-represented minorities, and requires the Small Business Administration and the PTO to study the reasons…
IP Witness Gives Incorrect Testimony To House Small Business Committee
by Josh Landau •
Yesterday, the House Small Business Committee held a hearing on how small businesses use intellectual property. And, as has happened before, promoting patents—but not necessarily promoting progress—offers data that doesn’t hold up to scrutiny. Chris Israel is an IP lobbyist for American Continental Group, with clients including Comcast, the Copyright Alliance, and Time Warner. He’s…
If A Free Patent Portfolio License Sounds Too Good To Be True—It Is
by Josh Landau •
Non-practicing entities (NPEs) are generally companies with only one asset—their patents. So why would an NPE give away licenses to the only things it can generate value from? If it seems too good to be true, that’s because it might be. Act Now For A Free Patent License! iPEL (Innovative Patents, Ethical Licensing) is a…
Did You Buy Your Car Just Because Of The Cup Holder?
by Josh Landau •
Opening arguments in Apple v. Samsung started this morning. While round six of the long-running case deals with smartphone patents, the potential impacts range much further. As I noted in my post yesterday, a rule of design patent damages that allows patentees to receive the total profits on the entire product even though the design…
Innovation Is Alive And Well—Startups and Venture Capital
by Josh Landau •
Innovation can come from anywhere—large established companies, individuals, and of course, small startup businesses. The innovation from startups can ultimately create new established companies. Many of today’s household names—Amazon, Google, Facebook, Intel—started out as a couple of founders and one innovative idea. So, if we want to see if innovation remains an important part of…
IPR Successes: Scan-To-Email Defeated By Scanner Makers
by Josh Landau •
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…
IPR Successes: Realtors Association Defends Its Members Using IPR
by Josh Landau •
When you buy a house, it’s nice to know where the local schools are, where the closest park is, where a nearby grocery is. So realtors commonly embed tools on their websites to show you a map of these “points of interest” in the area around a house for sale. Unsurprisingly, using technology leads to…
TC Heartland Attacks The Heart Of Patent Forum Shopping
by Josh Landau •
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…