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Empirical Study Confirms Positive Relationship Among Patents, Technological Progress, and Societal Benefit

We “stand on the shoulder of giants,” goes the famous adage. In a groundbreaking new law review article, Does Patented Information Promote the Progress of Technology?, Cardozo Law’s Jonathan H. Ashtor examines the relationship among patents, information theory, and their corresponding benefits to society and technology. His study applies economic theory to empirical patent data, … Continue reading “Empirical Study Confirms Positive Relationship Among Patents, Technological Progress, and Societal Benefit”

CPIP Roundup – March 19, 2019

Spotlight on Scholarship There has been some excellent, recently-published scholarship from the growing network of scholars participating in our various programs and events. Here are five law review articles that you should check out! Adam MacLeod, Public Rights After Oil States Energy, 95 Notre Dame L. Rev. ___ (2019). In this paper from our Thomas … Continue reading “CPIP Roundup – March 19, 2019”

How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It

Earlier this week, the Supreme Court handed down its decision in Fourth Estate v. Wall-Street.com, a case examining the registration precondition to filing a suit for copyright infringement in the federal district courts. While I agree with the Court’s exegesis of the statute at issue, it’s worth noting how the Court’s construction leaves many, if … Continue reading “How the Supreme Court Made it Harder for Copyright Owners to Protect Their Rights—And Why Congress Should Fix It”

Supreme Court Holding on Recoverable Costs Misses the Mark

On Monday, the Supreme Court issued a decision holding that the “full costs” available to a prevailing party in a copyright dispute are limited to those litigation expenses specified as taxable under federal law. The opinion by Justice Kavanaugh reverses a Ninth Circuit interpretation of 17 USC § 505, which held that any costs incurred … Continue reading “Supreme Court Holding on Recoverable Costs Misses the Mark”

Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position

By Chris Katopis & Devlin Hartline This week, the U.S. Supreme Court agreed to hear an important case concerning patent law procedures and the American legal system in general. In Iancu v. NantKwest, the Court asks, “Does all really mean all?” Specifically, the Court will examine whether Section 145 of the Patent Act, which provides … Continue reading “Supreme Court to Assess USPTO’s Controversial Attorneys’ Fees Position”

U.S. Rise in International IP Index Signals Progress in Ongoing Effort to Restore Faith in the Patent System

Last week, the U.S. Chamber of Commerce, Global Innovation Policy Center (GIPC) released the seventh edition of the International IP Index for 2019, Inspiring Tomorrow. The report provides some long sought good news for the innovation community, as the U.S. rose from 12th to 2nd in the patent system rankings. But while the move signals … Continue reading “U.S. Rise in International IP Index Signals Progress in Ongoing Effort to Restore Faith in the Patent System”

Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners

The Federal Trade Commission’s unfair competition case against Qualcomm, Inc., has now concluded. The parties gave their closing arguments on Tuesday, January 29, and all that remains is Judge Lucy Koh’s ruling. To prevail, the FTC needed to demonstrate actual, quantifiable harm. It completely failed to do so. The FTC’s complaint charged Qualcomm with using … Continue reading “Unverified Theory Continues to Inform FTC’s Policies Toward Patent Owners”

CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation

On December 21, 2018, CPIP Senior Scholars Adam Mossoff and Kristen Osenga joined former Federal Circuit Chief Judge Randall Rader and SIU Law’s Mark Schultz in comments submitted to the FTC as part of its ongoing Competition and Consumer Protection in the 21st Century Hearings. Through the hearings, the FTC is examining whether recent economic … Continue reading “CPIP Scholars Join Comments to FTC on How Antitrust Overreach is Threatening Healthcare Innovation”

CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing

On December 21, 2018, CPIP Director of International Innovation Policy Sean O’Connor filed comments before the FTC as part of its hearings on Competition and Consumer Protection in the 21st Century. In October of 2018, Prof. O’Connor participated in the hearings on the Competition Policy and Copyright Law panel, and he submitted these comments to … Continue reading “CPIP’s Sean O’Connor Files Comments with FTC on Consumer and Competition Concerns with Copyright Licensing”

CPIP Scholars Join Comment Letter to FTC Supporting Evidence-Based Approach to IP Policymaking

On December 21, 2018, CPIP Senior Scholars Jonathan Barnett, Chris Holman, Erika Lietzan, Adam Mossoff, Sean O’Connor, and Kristen Osenga joined a comment letter that was filed with the FTC as part of its ongoing hearings on Competition and Consumer Protection in the 21st Century. The comment letter was joined by 18 legal academics, economists, … Continue reading “CPIP Scholars Join Comment Letter to FTC Supporting Evidence-Based Approach to IP Policymaking”