Tag Archive for statistics

Changes Reducing IPR Institution Rate Have Increased Litigation Frequency and Cost

graph showing close correlation between cost of NPE litigation and increases in procedural denials of IPR

The U.S. Patent and Trademark Office’s precedential opinions on discretionary denial are the subject of significant attention—a withdrawn attempt by the Trump Administration to codify discretionary denial as a rule, a request for comments on rulemaking by the Office, and a challenge to the practice of discretionary denial as illegal under the Administrative Procedure Act.…

Much Ado About Injunctions

It’s become an article of faith among those complaining that patent reform has gone too far that the 2006 eBay case must be overturned—so much so that Sen. Coons has included it in both editions of his STRONGER Patents Act (one of a multitude of reasons that bill is bad policy.) But, as with so…

Christmas (Tree Patents) In July

It’s the week of the Fourth of July and that means that it’s time to talk about Christmas trees.  Or at least about patents for creating an electric connection between different sections of artificial trees. In a pair of decisions yesterday [1][2], both dealing with a dispute between two companies over artificial Christmas trees, the…

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…

Finding A Few Problems In New “Inventor Protection Act”

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…

IP Witness Gives Incorrect Testimony To House Small Business Committee

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…