Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings

PDF summary available here I.   Introduction A recent draft study about patent licensing companies entitled “Patent Trolls: Evidence from Targeted Firms” is making the rounds on Capitol Hill and receiving press coverage. This attention is unfortunate, because the study is deeply flawed and its conclusions cannot and should not be relied upon. If the … Continue reading “Cohen et al. “Patent Trolls” Study Uses Incomplete Data, Performs Flawed Empirical Tests, and Makes Unsupportable Findings”

The Common Economic Case for Patents and Copyrights

This is the second in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014.  Videos of the conference panels and keynote will be available soon. The opening panel of CPIP’s 2014 … Continue reading “The Common Economic Case for Patents and Copyrights”

Intellectual Property Unites Creators and Innovators

This is the first in a series of posts summarizing CPIP’s 2014 Fall Conference, “Common Ground: How Intellectual Property Unites Creators and Innovators.” The Conference was held at George Mason University School of Law on October 9-10, 2014. Videos of the conference panels and remarks, as well as panel summaries, will be available soon. Introduction … Continue reading “Intellectual Property Unites Creators and Innovators”

Patent Policy Debates Characterized by "Intolerably High Ratio of Theory to Evidence"

In an interview with Law360 last week, FTC Commissioner Joshua Wright spoke about the FTC’s upcoming study on PAEs and the state of today’s patent policy debates. The interview is well-worth reading in it’s entirety, and we’ve also highlighted a couple key quotes below. “One of the most fascinating things about the the policy debates … Continue reading “Patent Policy Debates Characterized by "Intolerably High Ratio of Theory to Evidence"”

The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests

Last week, CPIP released an important new policy brief, The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests, by Professor Chris Holman.  Professor Holman explains the important role that patents play not only in attracting the capital investment needed to bring genetic tests to market, but also in incentivizing companies … Continue reading “The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests”

Demand Letters and Mandatory Disclosures: First Amendment Concerns

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”

A Historical Perspective of Patent Litigation: Continued Innovation & Recurrent Controversy

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”

The Unintended Consequences of Patent "Reform"

By Steven Tjoe Much of today’s patent policy debate focuses on the dynamics of patent litigation.  Sensational anecdotes of abusive demand letters, litigants strategically exploiting bad patents, and tales of so-called “patent trolls” (reinforced by now debunked empirical claims) have captured the public’s imagination and spurred Congress to rush to revise the patent system.  Unfortunately, … Continue reading “The Unintended Consequences of Patent "Reform"”

An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms

By Steven Tjoe In his forthcoming George Mason University Law Review article entitled “The Meaning of ‘Fair and Reasonable’ in the Context of Third-Party Determination of FRAND Terms,” Professor Damien Geradin explores the delicate balance of interests protected by the current system of arm’s length negotiations in the standard-setting process, and the detrimental effect disrupting … Continue reading “An Insightful Analysis of “Fair and Reasonable” in the Determination of FRAND Terms”

Taking a Whack at the DMCA: The Problem of Continuous Re-Posting

By Steven Tjoe On Thursday March 13, the House Judiciary Committee held a hearing on the Digital Millennium Copyright Act’s (DMCA) notice and takedown system.  Among the witnesses testifying at the hearing was CPIP Fellow Professor Sean O’Connor (Washington University School of Law), who offered his insights on Section 512 from his unique position as … Continue reading “Taking a Whack at the DMCA: The Problem of Continuous Re-Posting”