Crowdfunding's Impact on Start-Up IP Strategy

By Sean M. O’Connor* Crowdfunding has been heralded as a revolutionary and democratic way to connect ordinary individuals with innovative projects they would like to support. The version involving equity investments in start-ups will be regulated under the U.S. JOBS Act of 2012.[i] But start-ups who use this legal pathway will become essentially “junior” reporting … Continue reading “Crowdfunding's Impact on Start-Up IP Strategy”

Two More Reasons to Think Twice Before Changing Our Patent System

By Steven Tjoe Today, misguided fears of an explosion of patent litigation and the specter of the so-called “patent troll” problem continue to influence the popular perception of patent policy.  Over the past year, various organizations have spurred a movement to make significant legislative changes to our patent system, despite calls for caution and further … Continue reading “Two More Reasons to Think Twice Before Changing Our Patent System”

The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric

The patent licensing business model is a flashpoint of controversy in the patent policy debates. Individuals and firms that specialize in licensing patented innovation – and companies that purchase patents in order to license them – have come under attack by the President, members of Congress, companies, lobbying groups, and others. On December 6, 2013, … Continue reading “The History of Patent Licensing and Secondary Markets in Patents: An Antidote to False Rhetoric”

The Nadir of “Patent Troll” Rhetoric

The venerable high-tech company IBM is no more a “patent troll” than any other legitimate company that engages in patent licensing. Yet, according to the very arguments of those who are using this ill-defined and misleading term, the shoe fits. The case in point is the recent demand letter IBM sent to Twitter, asserting violation of … Continue reading “The Nadir of “Patent Troll” Rhetoric”

Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)

Below is the text of the oral testimony provided by Professor Adam Mossoff to the Senate Commerce, Science and Transportation Committee, the Consumer Protection, Product Safety, and Insurance Subcommittee, in its November 7, 2013 hearing on “Demand Letters and Consumer Protection: Examining Deceptive Practices by Patent Assertion Entities.” Information on the hearing is here, including … Continue reading “Adam Mossoff on Patented Innovation, Licensing & Litigation (Transcript)”

A Brief History of Software Patents (and Why They’re Valid)

Today, there is significant public debate over patents on the digital processes and machines that comprise computer software programs. These are often referred to as “software patents,” but this is an odd moniker. Aside from the similarly mislabeled debate over “DNA patents,” nowhere else in the patent system do we refer to patents on machines … Continue reading “A Brief History of Software Patents (and Why They’re Valid)”

Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation

On June 9-11, the IP Business Congress sponsored by Intellectual Asset Magazine (IAM) hosted a debate on the resolution: “This house believes that the America Invents Act should be a legislative line in the sand and that no more reform of the US patent system is needed.” The debate was moderated by Denise DeFranco, a partner with … Continue reading “Guest Post by Wayne Sobon: A Line in the Sand on the Calls for New Patent Legislation”

How Copyright Drives Innovation in Scholarly Publishing

[Cross posted at Truth on the Market] Today’s public policy debates frame copyright policy solely in terms of a “trade off” between the benefits of incentivizing new works and the social deadweight losses imposed by the access restrictions imposed by these (temporary) “monopolies.” I recently posted to SSRN a new research paper, called How Copyright … Continue reading “How Copyright Drives Innovation in Scholarly Publishing”

Summary of Kirtsaeng v. John Wiley & Sons by Professor Chris Newman

Kirtsaeng v. John Wiley & Sons, U.S. Supreme Court, decided March 19, 2013 Chris Newman Assistant Professor of Law George Mason University School of Law This is best described as a decision in which the Court felt compelled to choose between two readings of the Copyright Act, either of which led to unpalatable results.   One reading … Continue reading “Summary of Kirtsaeng v. John Wiley & Sons by Professor Chris Newman”

The SHIELD Act: When Bad Economic Studies Make Bad Laws

[Cross-Posted at Truth on the Market on March 15, 2013] Earlier this month, Representatives Peter DeFazio and Jason Chaffetz picked up the gauntlet from President Obama’s comments on February 14 at a Google-sponsored Internet Q&A on Google+ that “our efforts at patent reform only went about halfway to where we need to go” and that … Continue reading “The SHIELD Act: When Bad Economic Studies Make Bad Laws”