Acknowledging the Limitations of the FTC's PAE Study

The FTC’s long-awaited case study of patent assertion entities (PAEs) is expected to be released this spring. Using its subpoena power under Section 6(b) to gather information from a handful of firms, the study promises us a glimpse at their inner workings. But while the results may be interesting, they’ll also be too narrow to … Continue reading “Acknowledging the Limitations of the FTC's PAE Study”

Middle Class Artists Want a DMCA System That Works

The following guest post comes from Rebecca Cusey, a second year law student at George Mason University School of Law. By Rebecca Cusey Mason Law’s Arts & Entertainment Advocacy Clinic filed comments today with the U.S. Copyright Office detailing the frustrations and futilities experienced by everyday artists as they struggle with the DMCA system to … Continue reading “Middle Class Artists Want a DMCA System That Works”

Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests

The U.S. Copyright Office is conducting a study of the safe harbors under Section 512 of the DMCA, and comments are due today. Working with Victor Morales and Danielle Ely from Mason Law’s Arts & Entertainment Advocacy Clinic, we drafted and submitted comments on behalf of several copyright law scholars. In our Section 512 comments, … Continue reading “Copyright Scholars: Courts Have Disrupted the DMCA's Careful Balance of Interests”

Weighing the Patent System

Here’s a brief excerpt of an op-ed by Adam Mossoff that was published in The Washington Times: As the push for legislation making broad and wide-ranging revisions to the patent system has stalled, its advocates have shifted tactics. They have carved out the provision in H.R. 9 (the tendentiously named “Innovation Act”) that revises the … Continue reading “Weighing the Patent System”

Changes to Patent Venue Rules Risk Collateral Damage to Innovators

Advocates for changing the patent venue rules, which dictate where patent owners can sue alleged infringers, have been arguing that their remedy will cure the supposed disease of abusive “trolls” filing suit after suit in the Eastern District of Texas. This is certainly true, but it’s only true in the sense that cyanide cures the … Continue reading “Changes to Patent Venue Rules Risk Collateral Damage to Innovators”

No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful

Here’s a brief excerpt of an op-ed by Adam Mossoff & Devlin Hartline that was published in The Hill: Two recent op-eds published in The Hill argue that broad patent legislation—misleadingly labeled “reform”—is needed because the U.S. patent system is fundamentally broken. In the first, Timothy Lee contends that opponents “cannot with a straight face” … Continue reading “No Consensus That Broad Patent ‘Reform’ is Necessary or Helpful”

How Patents Help Startups Grow, Innovate, and Succeed

Many academic studies of the patent system focus on the negative, extrapolating from anecdotes about a few bad actors to make the case that our patent system is broken and to bolster cries for legislation weakening patent rights. Precious few studies focus on the countless honest and hardworking patent owners whose inventive labors benefit us … Continue reading “How Patents Help Startups Grow, Innovate, and Succeed”

Principles and Priorities to Guide Congress’s Ongoing Copyright Review

Last week, CPIP published a new white paper, Copyright Principles and Priorities to Foster a Creative Digital Marketplace, by Sandra Aistars, Mark Schultz, and myself, which draws from the testimonies and scholarly writings of CPIP Senior Scholars in order to guide Congress as it continues its comprehensive review of the Copyright Act. The white paper … Continue reading “Principles and Priorities to Guide Congress’s Ongoing Copyright Review”

Repetition of Junk Science & Epithets Does Not Make Them True

Here’s a brief excerpt of a post by Adam Mossoff that was published on IPWatchdog. In their recent submission to the Washington Post’s series on so-called “patent reform” and “patent trolls,” James Bessen and Michael Meurer repeat the same junk science claims we’ve all heard many times before. In fact, the essay starts with a … Continue reading “Repetition of Junk Science & Epithets Does Not Make Them True”

Debunking Myths About the Proposed Federal Trade Secrets Act

By Mark Schultz Today, CPIP is proud to release a paper authored by the nation’s preeminent expert on trade secret law, James Pooley. Mr. Pooley’s paper explains the arguments in favor of the Defend Trade Secrets Act of 2015 (“DTSA”), which is currently being considered by Congress. To download the paper, please click here. The … Continue reading “Debunking Myths About the Proposed Federal Trade Secrets Act”