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”

Improving the DMCA's Notice and Takedown System

In conjunction with today’s House Judiciary Committee hearing on the DMCA, CPIP Senior Scholar Prof. Mark Schultz published a critique of the notice and takedown system this morning on AEI’s TechPolicyDaily Blog. In his critique, Prof. Schultz discusses CPIP’s policy brief by Prof. Bruce Boyden, which details the failures of the DMCA – despite the massive number of takedown notices sent, not a … Continue reading “Improving the DMCA's Notice and Takedown System”

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”

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)”