In Apple v. Samsung, the Supreme Court is presented with a classic issue of statutory interpretation in the case that has come to exemplify the Smart Phone Wars. In one of the many lawsuits brought by Apple against Samsung after Samsung rejected Apple’s offer to license its patents, a jury found Samsung liable for infringing Apple’s … Continue reading Supreme Court Should Not Reward Efficient Infringement in Apple v. Samsung
Last March, forty economists and law professors submitted a letter to Congress expressing “deep concerns with the many flawed, unreliable, or incomplete studies about the American patent system that have been provided to members of Congress.” These concerns were confirmed again last week when Unified Patents released a report on patent litigation with the same … Continue reading It’s Time to Say “No” to Junk Science in the Patent Policy Debates
Last Thursday, Elon Musk, the founder and CEO of Tesla Motors, issued an announcement on the company’s blog with a catchy title: “All Our Patent Are Belong to You.” Commentary in social media and on blogs, as well as in traditional newspapers, jumped to the conclusion that Tesla is abandoning its patents and making them “freely” … Continue reading Tesla’s New Patent Policy: Long Live the Patent System!
In the recent calls to revise the patent system to address so-called “patent trolls” — an ill-defined term that effectively derails any discussion of patent policy based in reality — Congress is considering bills that would impose mandatory disclosures on all demand letters sent by patent owners. Although there is no definitive definition of what … Continue reading Demand Letters and Mandatory Disclosures: First Amendment Concerns
In her forthcoming George Mason University Law Review article, “Trolls and Other Patent Inventions: Economic History and the Patent Controversy in the Twenty-First Century,” Professor B. Zorina Khan sheds light on today’s hot-button patent issues and controversies through a detailed exploration of concerns surrounding our patent system throughout its two hundred and twenty-four year evolution … Continue reading A Historical Perspective of Patent Litigation: Continued Innovation & Recurrent Controversy